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Yashifa Nazwa Ramadhanty
Universitas Bina Bangsa, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal analysis of parking service providers' liability for consumer losses Ayang Fristia Maulana; Asnawi Asnawi; Yashifa Nazwa Ramadhanty; Risa Bintang Saecar; Adrikni Illahiya
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6565

Abstract

The increasing use of private vehicles in urban areas has led to the growth of parking services, but often gives rise to legal conflicts when vehicles are lost or damaged. This study aims to review the form of legal responsibility of parking service providers towards consumers, especially when exoneration clauses are used as a basis for exemption from responsibility. With a normative juridical approach and a literature study of Law Number 8 of 1999 concerning Consumer Protection, this study demonstrates that the responsibility of service providers is absolute (strict liability), whereby they are still obliged to provide compensation even if they are not proven to be directly negligent. The results of the study also reveal that exoneration clauses included unilaterally in parking tickets are contrary to the principle of contractual justice and are declared invalid under law. Therefore, it is important to strengthen regulations and educate consumers about their rights to obtain protection against losses. These findings are expected to contribute to the formulation of a  fairer policy in the parking service sector.
Co-Authors Adrikni Illahiya Asnawi Asnawi Ayang Fristia Maulana Risa Bintang Saecar