Mabrukah, Azizah Kaltsum (2026) Analisis Perlindungan Hukum Konsumen Terhadap Klausula Eksonerasi Dalam Perjanjian Baku Perusahaan Otomotif Bus X. Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Exoneration clauses or liability disclaimers in standard agreements are commonly found in contracts for the sale of goods or services by business actors. Such clauses are explicitly prohibited, as regulated under the Consumer Protection Act (UUPK) Article 18 paragraph (1). Based on this issue, this study focuses on Bus Company X as a transportation service provider. In the standard agreement of Bus Company X contained in the e-ticket, the author identified an exoneration clause. This has caused dozens of consumers to suffer losses; however, the existence of such exoneration clause has created legal uncertainty for the affected consumers. Accordingly, the author analyzes the validity of the standard agreement of Bus Company X and the legal protection available to consumers of Bus Company X who have suffered losses. The research method employed is normative juridical, using a statute approach and a conceptual approach. The findings indicate that the standard e-ticket agreement of Bus Company X does not fulfill the requirements for a valid contract as stipulated in the Civil Code (KUHPerdata) Article 1320, which are cumulative in nature — specifically, a defect in the element of consent due to the abuse of economic circumstances (misbruik van omstandigheden), and the failure to satisfy the requirement of a lawful cause, as the exoneration clause contravenes UUPK Article 18 paragraph (1), rendering it null and void by operation of law pursuant to Article 18 paragraph (3). Preventive consumer legal protection is not fulfilled due to the unavailability of CCTV as previously promised, while repressive legal protection is most appropriately pursued through an arbitration mechanism BPSK, whose decision is final and binding, accompanied by administrative sanctions.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | Azizah Kaltsum Mabrukah | ||||||||
| Date Deposited: | 03 Jun 2026 04:19 | ||||||||
| Last Modified: | 03 Jun 2026 04:19 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/53562 |
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