KAJIAN KOMPARATIF PENERAPAN PRINSIP KEADAAN SULIT (HARDSHIP) DALAM PRAKTIK PERADILAN DI INDONESIA

The world situation is currently in an uproar with the emergence of a virus called Coronavirus Disease 2019, or more commonly known as the COVID- 19 virus. It is feared that this will have an impact on disrupting business continuity, such as the parties being unable to carry out contracts or agreements that were made before the pandemic period occurred, or business transactions or other business activities being delayed due to social restrictions that apply in the community as a result of COVID -19. Contract law in the practice of business contracts is essentially an agreement, which then produces maximum benefit to ensure that the rights and obligations of the parties are divided proportionally, so that it can be said that a fair contractual relationship exists, not harming one of the contracting parties. The research in writing this thesis focuses on a comparative study of the hardship principle that has been adopted by UNIDROIT Principle and applied in countries that adhere to Civil Law and compares the hardship principle with Force Majeure. From this research, it can be concluded that the inclusion of the arduous clause in the making of a business contract has an important role as an alternative method that produces a "win-win solution" relationship to resolve contract problems due to fundamental events that affect the balance of the contract, especially in the pandemic because the elements contained in the arduous clause are in line with the principles of the agreement