Manuscript Title
Reformulating Legal Protection Policies for Scrap Metal Sellers in Force Majeure Conditions within Sale and Purchase Agreements Oriented Toward Justice
Author(s)
Setyo Adhi Wicaksono, Achmad Busro, Ery Agus Priyono
Published: 14-05-2026
About The Author(s):
1. Setyo Adhi Wicaksono - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. Achmad Busro - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. Ery Agus Priyono - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Abstract
This research aims to reformulate legal protection policies for scrap metal sellers in overmacht conditions in fairness-oriented sales and purchase agreements. The background of this research is based on the incompatibility between the prevailing legal norms and practices in the field, where sellers are often in a weak position and bear disproportionate risks when compelling circumstances occur. The problems studied in this study include: (1) How is legal protection for scrap metal sellers regulated under overmacht?; (2) How should such protection be reformulated to achieve justice? The research method used is normative juridical with a legislative approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials that are analyzed qualitatively using legal interpretation methods and deductive reasoning. This research uses three main theoretical frameworks, namely Justice Theory as the grand theory, the Covenant Theory as the middle theory, and the Overmacht Theory as the applied theory. The results of the study show that: (1) the current legal protection has not provided substantive justice because it is still formalistic and does not accommodate the imbalance of bargaining positions between sellers and buyers; (2) there are weaknesses in the overmacht arrangement, especially in risk sharing, proof, and contract clauses that tend to be detrimental to the seller; and (3) there is a need for legal policy reform that includes expanding the concept of overmacht to include economic hardship, strengthening the principles of proportionality and good faith in agreements, and improving a simpler and fairer dispute resolution mechanism.
Keywords
Reformulation, Legal, Protection, Policies, Scrap, Metal, Sellers, Force Majeure Conditions, Sale, Purchase, Agreements, Oriented, Toward, Justice.