The Inclusion of Exoneration Clauses by Parking Managers in Medan Based on the Civil Code and Law Number 8 of 1999 Concerning Consumer Protection

Oct 13, 2025 by talynt.org 1 views

The Inclusion of Exoneration Clauses by Parking Managers in Medan Based on the Civil Code and Law Number 8 of 1999 Concerning Consumer Protection

Introduction

The rapid growth of motor vehicle ownership in big cities like Medan has led to a complex array of problems, including a reduction in land designated as parking areas. As a result, many vehicles are forced to be parked on the roadside, leading to various issues. One of the problems that often arises is the inclusion of exoneration clauses on parking tickets, which state that all damage or loss is not the responsibility of the parking manager, but rather that of the parking service user. However, according to the Consumer Protection Act, parking managers should be responsible for losses experienced by consumers.

The Purpose and Significance of the Study

The purpose of this study is to analyze the validity of the inclusion of exoneration clauses by parking managers in Medan based on the Civil Code and Law Number 8 of 1999 concerning Consumer Protection. This study aims to determine the responsibility of parking managers towards compensation claims from motor vehicle owners for damage or loss of vehicles. In addition, this research will examine legal efforts that can be taken by consumers as users of parking services in Medan to ensure their rights related to the inclusion of the exoneration clause.

Methodology

The research method used in this study is juridical normative research with a descriptive analysis approach and legislation approach. The data sources used include primary and secondary data relevant to the problems under study. This study also involved field studies in the Medan City Transportation Department to obtain related secondary legal materials.

The Results of the Study

The results of this study showed that the inclusion of exoneration clauses by parking managers in Medan in the context of Law Number 8 of 1999 concerning Consumer Protection can be considered as a form of abuse of the situation and disability of the will. This violates some of the provisions regulated in the Consumer Protection Act, so that it can be potentially null and void. The responsibility of parking managers in Medan related to compensation claims from vehicle owners for damage or vehicle loss, in accordance with the Consumer Protection Act, requires them to provide compensation to consumers because the manager is considered negligent in carrying out their obligations.

The Responsibility of Parking Managers

According to the Consumer Protection Act, parking managers are responsible for losses experienced by consumers. This means that parking managers must provide compensation to consumers for damage or loss of vehicles. However, the inclusion of exoneration clauses on parking tickets can be considered as a form of abuse of the situation and disability of the will, which violates the provisions of the Consumer Protection Act.

Legal Efforts for Consumers

For consumers as users of parking services, there are several legal steps that can be taken to emphasize their rights related to the exoneration clause. This effort can be carried out through dispute resolution outside the court or through the litigation channel in court. Knowledge of these rights is very important for consumers so that they are not harmed by unfair business practices.

Conclusion

In conclusion, the inclusion of exoneration clauses by parking managers in Medan based on the Civil Code and Law Number 8 of 1999 concerning Consumer Protection can be considered as a form of abuse of the situation and disability of the will. This violates some of the provisions regulated in the Consumer Protection Act, so that it can be potentially null and void. The responsibility of parking managers in Medan related to compensation claims from vehicle owners for damage or vehicle loss, in accordance with the Consumer Protection Act, requires them to provide compensation to consumers because the manager is considered negligent in carrying out their obligations.

Recommendations

Based on the results of this study, it is recommended that parking managers in Medan should not include exoneration clauses on parking tickets. Instead, they should provide compensation to consumers for damage or loss of vehicles. In addition, consumers as users of parking services should be aware of their rights and take legal steps to emphasize their rights related to the exoneration clause.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the inclusion of exoneration clauses by parking managers in Medan based on the Civil Code and Law Number 8 of 1999 concerning Consumer Protection. Secondly, the study only examines the legal efforts that can be taken by consumers as users of parking services in Medan to ensure their rights related to the inclusion of the exoneration clause.

Future Research Directions

Future research can be conducted to examine the inclusion of exoneration clauses by parking managers in other cities in Indonesia. In addition, future research can be conducted to examine the legal efforts that can be taken by consumers as users of parking services in other cities in Indonesia to ensure their rights related to the inclusion of the exoneration clause.

References

Law Number 8 of 1999 concerning Consumer Protection
Civil Code
Medan City Transportation Department
Various secondary legal materials

Appendix

List of primary and secondary data sources used in this study
List of field studies conducted in the Medan City Transportation Department
List of legal efforts that can be taken by consumers as users of parking services in Medan to ensure their rights related to the inclusion of the exoneration clause.
Frequently Asked Questions (FAQs) About Exoneration Clauses in Parking Tickets

Q: What is an exoneration clause in a parking ticket?

A: An exoneration clause is a provision in a parking ticket that states that the parking manager or service provider is not responsible for any damage or loss to the vehicle, and that the vehicle owner is solely responsible for any claims or damages.

Q: Is it legal for parking managers to include exoneration clauses in parking tickets?

A: No, it is not legal for parking managers to include exoneration clauses in parking tickets. According to the Consumer Protection Act, parking managers are responsible for losses experienced by consumers, and including exoneration clauses can be considered as a form of abuse of the situation and disability of the will.

Q: What are the consequences of including exoneration clauses in parking tickets?

A: Including exoneration clauses in parking tickets can lead to several consequences, including:

Potential null and void of the parking ticket
Liability of the parking manager for damages or losses
Loss of consumer trust and confidence in the parking service provider

Q: What can consumers do if they receive a parking ticket with an exoneration clause?

A: Consumers can take several steps if they receive a parking ticket with an exoneration clause, including:

Dispute resolution outside the court
Litigation channel in court
Seeking advice from a lawyer or consumer protection organization

Q: How can consumers protect themselves from exoneration clauses in parking tickets?

A: Consumers can protect themselves from exoneration clauses in parking tickets by:

Reading the parking ticket carefully and understanding the terms and conditions
Asking questions or seeking clarification from the parking manager or service provider
Seeking advice from a lawyer or consumer protection organization

Q: What are the responsibilities of parking managers in relation to exoneration clauses?

A: Parking managers have several responsibilities in relation to exoneration clauses, including:

Providing compensation to consumers for damages or losses
Ensuring that exoneration clauses are not included in parking tickets
Being transparent and honest in their dealings with consumers

Q: Can consumers sue parking managers for damages or losses if they receive a parking ticket with an exoneration clause?

A: Yes, consumers can sue parking managers for damages or losses if they receive a parking ticket with an exoneration clause. However, consumers should seek advice from a lawyer or consumer protection organization before taking any action.

Q: What are the benefits of understanding exoneration clauses in parking tickets?

A: Understanding exoneration clauses in parking tickets can have several benefits, including:

Protecting consumer rights and interests
Ensuring that parking managers are held accountable for their actions
Promoting transparency and honesty in the parking service industry

Q: Where can consumers find more information about exoneration clauses in parking tickets?

A: Consumers can find more information about exoneration clauses in parking tickets from:

Consumer protection organizations
Lawyers or legal experts
Government agencies or regulatory bodies
Online resources or websites