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Adlin Budhiawan
Faculty of Sharia and Law, Universitas Islam Negeri Sumatera Utara, Indonesia

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Legal Protection of Consumers against Exoneration Clauses in Indonesian Bus Travel Tickets Mhd Jahid Attamamy Harahap; Adlin Budhiawan
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.335

Abstract

This study analyzes the legal regulation of exoneration clauses in bus travel tickets, the legal protection available to consumers, and the considerations that judges apply to the validity of such clauses under Indonesian law. It is normative legal research using statutory, conceptual, and case approaches. The primary legal materials are the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 22 of 2009 concerning Road Traffic and Road Transportation, and relevant court decisions, supported by secondary and tertiary materials and analyzed qualitatively. The study finds that an exoneration clause is not invalid merely because it limits the liability of a business actor. A clause that reflects the statutory allocation of carrier liability under Article 192 paragraph (4) of Law Number 22 of 2009 may be valid, provided that it does not remove consumers’ rights under mandatory provisions. A clause that absolutely excludes or transfers the business actor’s liability, by contrast, may violate Article 18 paragraph (1) letter a of Law Number 8 of 1999 and is then null and void under Article 18 paragraph (3). Protection is preventive, through the prohibition of unlawful standard clauses, and repressive, through compensation and dispute resolution. Supreme Court Decisions Number 2078 K/Pdt/2009 and Number 124 PK/Pdt/2007 show that the validity of liability-limiting clauses depends on the applicable statutes, good faith, the contractual relationship between the parties, and the presence of fault or negligence. The existing framework protects consumers substantively, but its effectiveness depends on how clauses are drafted and applied.