Analysis Of The Riot Due to the Concert's Cancellation Based on the Force Majeure Concept (Case Study: Damaged Equipment of Sound Vendor at the Lentera Festival 2024)
Abstract
This legal memorandum examines the applicability of force majeure during the
Lentera Festival 2024 riots, which resulted in looting and the destruction of
vendors’ sound equipment. It assesses whether such circumstances qualify as force
majeure under Articles 1244 and 1245 of the Indonesian Civil Code. Using
normative legal research, including statutes, case analysis, and doctrinal methods,
the study examines legal norms, concepts, and regulations related to force majeure
and unlawful acts in Indonesian civil law. It relies on primary sources, such as the
Civil Code and Supreme Court decisions, as well as secondary sources, including
scholarly writings, the UNIDROIT Principles, and the ICC Force Majeure Clause
2020. Data was gathered through library research, document analysis, and
interviews with a judge, then analyzed through doctrinal interpretation. Under
Articles 1244 and 1245 of the Civil Code, the riots in the Lentera Festival case do
not meet the criteria for force majeure. The committee's activities are unlawful
behaviour under Articles 1365 and 1366 of the Civil Code, rendering him civilly
accountable for damages. The research advises affected suppliers to seek legal
recourse via civil litigation and encourages event organisers to adopt more
stringent contractual, financial, and risk management protocols in the future.
Collections
- Law [3375]
