Loss or Damage of Goods in Parking Lots: Whose Responsibility Is It?

Legal Literacy - Lost items in the parking lot? Whose responsibility is it? Have Literacy Friends ever read the sentence "the management is not responsible for any damage or loss of items in the vehicle"? Then, is such a provision actually allowed? Let's take a look at the review.

Basically, the relationship between consumers and business actors in an agreement should be balanced. Both have rights and obligations that must be fulfilled. However, in practice, consumers are often in a weaker position compared to business actors. This happens because the products sold by business actors are usually very much needed by consumers, so the term " arises.take it or leave it".

In situations like this, the stronger party often uses clauses that release or limit liability in the agreement. This type of clause is known as an exoneration clause.

Before getting to the discussion of what an exoneration clause is, it seems we need to understand that an exoneration clause is part of a standard agreement.

What is a standard agreement? Several experts and laws have provided definitions regarding standard or form agreements. According to Mariam Darus Badrulzaman, a standard or form agreement is an agreement whose contents have been standardized and stated in the form of a form.

Sutan Remi Jahdeni defines a standard or form agreement as an agreement in which almost all clauses have been standardized by the party making it, so that the other party does not have the opportunity to negotiate or request changes.

Asser Rutten also stated that the person who signs the agreement is responsible for its contents, and the signature on the standard or form agreement form indicates that the person knows and agrees to the contents of the agreement.

According to H. Hondius, a standard agreement is a collection of written promises made without considering the content or topic, and is usually arranged in an agreement that is unlimited in number but has a specific nature.

Law No. 8 of 1999 uses the term standard clause to describe a standard agreement, where a standard clause is a rule or provision that has been prepared and stipulated unilaterally by the business actor and must be fulfilled by the consumer.

In a standard agreement, there are two main types of clauses, namely standard clauses and exoneration clauses.

A standard clause is a clause in a standard agreement where almost all of the clauses have been standardized by the party using it, so that the other party has no opportunity to negotiate or request changes.