Perlindungan Hukum Bagi Konsumen Terhadap Perjanjian Baku Yang Mengandung Klausula Eksonerasi Pada Resi Pengiriman Barang PT Indah Yatama Pekanbaru

Mailani, Laely (2019) Perlindungan Hukum Bagi Konsumen Terhadap Perjanjian Baku Yang Mengandung Klausula Eksonerasi Pada Resi Pengiriman Barang PT Indah Yatama Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

Freight forwarding service is one of the services that are needed by the community to facilitate sending goods between cities and between countries. Various services offered by this service, both in terms of timeliness to various types of guarantees for service users. However, in practice, these shipping companies are often not carried out in accordance with what was promised and of course consumers are ultimately disadvantaged. The shipping company apparently included an exoneration clause in the goods delivery agreement. In essence, an exoneration clause is used to create an appropriate division of risk between businesses and consumers. However, the exoneration clause is often misused by businesses to reduce, transfer or even remove responsibility. The main problem of this research is whether the legal protection for consumers against the standard agreement with the exoneration clause in the shipping receipts of PT Indah Yatama Pekanbaru and whether the form of responsibility of PT Indah Yatama Pekanbaru as a business actor against consumer losses. This type of research belongs to the category of observational research while its nature is descriptive analysis, which by providing an overview of various applicable laws and regulations related to legal theory and the practice of applying positive law related to the problem under study. The legal facts found in this study were analyzed based on existing theories to get a comprehensive and systematic picture of the application of the exoneration clause in a standard agreement in accordance with the Civil Code and Law Number 8 of 1999 concerning Consumer Protection. In the goods delivery agreement by PT Indah Yatama Pekanbaru there are several clauses that meet the elements of Article 18 of the UUPK governing the inclusion of standard clauses, both from the substantive and technical aspects. In the guidelines and terms of delivery of goods by PT Indah Yatama Pekanbaru that meets the elements of the UUPK substantive limits, especially regarding the transfer of responsibility and / or regulation of consumer compliance with a new rule. In addition, the use of letters in the standard clause used is too small to be easily read, and the placement of these clauses is also less visible, because it is placed behind the consignment note of the shipment of goods. Therefore substantively there are clauses that are null and void by law and need to be adjusted to the provisions in the UUPK, and technically, according to the author, all of these clauses are null and void and must be adjusted according to the provisions in the UUPK.

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