ANALISIS YURIDIS KEABSAHAN KLAUSULA PEMBATASAN TANGGUNG JAWAB DALAM SYARAT STANDAR PENGIRIMAN BARANG PT. X SEBAGAI STANDARD CONTRACT

Putri, Dwi Rosdiana (2026) ANALISIS YURIDIS KEABSAHAN KLAUSULA PEMBATASAN TANGGUNG JAWAB DALAM SYARAT STANDAR PENGIRIMAN BARANG PT. X SEBAGAI STANDARD CONTRACT. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The development of digital-based trade has driven the increasing public demand for goods delivery services. In the practice of expedition services, the legal relationship between service providers and consumers is outlined through standard contracts, which often contain exoneration clauses. PT. X, as one of the expedition companies frequently used by the public, applies Standard Shipping Terms (SSP) which include a clause limiting compensation for loss or damage to goods, namely 10 times the shipping cost or a maximum of IDR 2,500,000.00 for domestic shipments. This clause is not explicitly stated in the shipping receipt, but only refers to the company's official website through a consent clause. This study aims to analyze the validity of the limitation of liability clause in PT. X's SSP based on Article 1320 of the Civil Code and Law Number 8 of 1999 concerning Consumer Protection, as well as the legal consequences of the inclusion of this clause on the validity of the agreement. This study uses a normative juridical method with a statute approach and a conceptual approach. The results of the study indicate that the limitation of liability clause in the SSP of PT. X does not fulfill the objective requirements for the validity of the agreement, namely a lawful cause as regulated in Article 1320 in conjunction with Article 1337 of the Civil Code, and is in conflict with Article 18 paragraph (1) and paragraph (2) of Law Number 8 of 1999 concerning Consumer Protection, so it is declared null and void based on Article 18 paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection. As a legal consequence, the clause is considered to have never existed (null and void), and PT. X remains obliged to provide full compensation based on the real losses suffered by consumers in accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection and Article 1246 of the Civil Code. Legal protection for consumers is provided preventively through the prohibition of standard clauses and repressively through dispute resolution mechanisms through BPSK or the courts.

Item Type:

Thesis (Undergraduate)

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