Abstract

This study aims to analyze the weaknesses of legal protection in force majeure conditions and formulate a fairness-oriented legal reform model in protecting scrap metal sellers in commercial sales agreements. The issues examined include: (1) what are the weaknesses in current legal protections during force majeure; and (2) what reform models can ensure fair protection for scrap metal sellers. The research method used is normative juridical with legislative, conceptual, and case approaches. The legal materials used consist of primary legal materials in the form of laws and regulations, as well as secondary legal materials in the form of relevant legal literature and doctrines. The analysis was carried out qualitatively using legal interpretation and construction methods. The results of the study show that: 1) The current legal protection still has various weaknesses, including: a) the regulation of force majeure that is general and multiinterpreted so that it does not provide legal certainty; b) the dominance of the principle of freedom of contract which is not balanced with the principle of balance, thus harming the weak party; and c) limited access to justice and weak role of the state in protecting small business actors. 2) The proposed legal reform model includes: (1) a clearer and operational reconstruction of force majeure norms; (2) strengthening the principles of proportionality and fairness in contracts; and (3) integration of the concept of hardship, increased access to justice, and empowerment of small business actors.

Keywords: justice-oriented, legal, reform, protecting, scrap, metal, sellers, force majeure, commercial, sale, agreements