Consumer Protection in Indonesia: Exploring the Adverse Effects of Misusing Exoneration Clauses on Consumer Rights in Legal Perspective

Abstract

Objective: This research examines the misuse of exoneration clauses disadvantaging consumers and explores methods for safeguarding consumers against their adverse effects.   Theoretical Framework: The research utilizes normative analysis of relevant legal regulations, drawing from primary, secondary, and tertiary legal sources.   Method: The employed method involves normative qualitative analysis to assess the impact of standard agreements embedding exoneration clauses on consumers.   Result and Conclusion: The study concludes that exoneration clauses within standard agreements often result in consumer losses. Such clauses arise from an imbalance in agreement dynamics, where the dominant party imposes terms, taking advantage of the other party's dependence. As these clauses necessitate mutual consent, their presence renders agreements invalid, thus violating legal norms.   Originality/Value: The research's contribution lies in recommending governmental oversight to supervise business entities in drafting agreements. This oversight aims to ensure the protection of consumer rights and adherence to legal standards.