Klausula Eksenorasi dalam Perjanjian Baku (Studi Terhadap Pertimbangan Hukum dari Hakim dalam Perjanjian Parkir)

This study aims to analyze the legal considerations of the judge along with the judge's decision regarding the standard agreement that includes the clause in the agreement for safekeeping of goods in this case the agreement in parking management. This arises because of the large number of parking managers as business operators, including the clause in the parking agreement for the exenoration. This study explains the standard agreement & clause in the parking agreement with the method of parking, then establishes a parking agreement as a custody agreement based on its characteristics, describes the rights and obligations of the parties in a parking agreement based on the Civil Code, and then analyzes a clause in a parking agreement is an exenoration clause or not. The clause used by business actors aims to transfer their obligations and this is detrimental to consumers. In fact, if based on the existing provisions in Law No. 8 of 1999 concerning Consumer Protection, businesses should not be allowed to include clauses that can transfer the responsibilities of business actors. Thus, in this study the authors describe several problem formulations, namely regarding legal considerations of judges in determining the strength of the appointment clause which is made in the standard form in a custody agreement that is a parking agreement and a judge's decision in granting a consumer lawsuit over the existence of an exenoration clause in a parking agreement