AKIBAT HUKUM PENERAPAN KLAUSUL EKSONERASI OLEH PENGELOLA PARKIR (Studi Kasus Putusan Mahkamah Agung 6 September 2012)

Aryanto, Angkasa (2025) AKIBAT HUKUM PENERAPAN KLAUSUL EKSONERASI OLEH PENGELOLA PARKIR (Studi Kasus Putusan Mahkamah Agung 6 September 2012). Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

ABSTRAC One of the legal actions in question is related to parking business operations, which are bound by an agreement between the parking business operator and the parking users as consumers. The use of standard agreements, Particularly in the parking business, is common. Among the clauses that are often considered burdensome and frequently appear in standard agreements are those referred to as exoneration clauses. The issues are: 1.What is the legal standing of the application of exoneration clauses in parking service agreements? 2.What are the legal consequences of applying exoneration clauses to parking operators for the loss of parked vehicles? The research methodology employs a normative juridical approach. The theoretical framework used is the Theory of Justice and Legal Protection. The findings are as follows: The legal standing of the application of exoneration clauses in parking service agreements, specifically in standard agreements containing exoneration clauses in parking deposit contracts, whether viewed from the Civil Code (KUHPerdata) or Law No. 8 of 1999 on Consumer Protection (UUPK), does not fulfill the legal requirements. This is because several provisions are violated, namely Articles 1320, 1335, 1337, 1338, and 1339 of the Civil Code, as well as Article 18 of the Consumer Protection Law. The inclusion of exoneration clauses in standard agreements is not prohibited as long as it does not contravene the rules governing the inclusion of standard clauses. Standard agreements that contain exoneration clauses in parking service agreements are agreements whose terms have been standardized and are expressed in the form of parking tickets or forms, where no bargaining process occurs between the parties at the time the agreement is made. Substantially, such agreements lack equality, balance, and fair treatment between business actors and consumers. In an agreement, the principle of justice should be reflected in every regulation. The concept of justice should hold a primary position. The legal consequences of applying exoneration clauses to parking operators for the loss of parked vehicles lie in the legal relationship between business actors and consumers, which is reciprocal in terms of fulfilling the rights and obligations of the parties. Obligations lie with the consumer, while rights lie with the producer. If the business actor fails to fulfill their obligations, they can be legally held accountable to compensate for any losses arising from such failure. Given the alleged negligence of parking service providers resulting in the loss of a consumer's vehicle, legal action can be taken by the parking user through litigation, filing a claim against the parking service provider. It is recommended that, to regulate the concept of standard agreements incorporating exoneration clauses, there should be oversight and guidance by the government for business actors who may potentially commit legal violations through the application of standard agreements. Keywords: Legal Consequences of Exoneration Clauses, Parking Operators

Item Type:	Thesis (Skripsi)
Additional Information:	[No Panggil: 1810611303] [Ketua Sidang: Dr. Andriyanto Adhi Nugroho, S.H., M.H] [Penguji 1: Dwi Aryanti Ramadhani, S.H., M.H] [Penguji 2 (Pembimbing): Surahmad, S.H., M.H]
Uncontrolled Keywords:	Akibat Hukum Klausula Eksonerasi, Pengelola Parkir
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	ANGKASA RAYA ALIF ARYANTO
Date Deposited:	01 Aug 2025 00:32
Last Modified:	01 Aug 2025 00:32
URI:	http://repository.upnvj.ac.id/id/eprint/39241

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