Perlindungan Hukum bagi Konsumen Terhadap Klausula Baku Pengelola Parkir (studi Putusan Mahkamah Agung Nomor 2078 K/Pdt/2009)

Abstract

Considering on how important the parking facilities for the consumers, the business actor should provide safety and comfort for the consumers. However, the business actor often times ignore those matter. The business actor issue a parking ticket fill with the agreement transfer of responsibility on lost and missing things, usually written on the parking ticket with “Every vehicle which are damaged and missing while on parking time period becomes the responsibility of the vehicles owner”. The problems in this research is how the legal protection for consumers who use parking service against raw clause in the verdict number 2078 K/ Pdt / 2009, how is the settlement if the vehicle get missing in the parking lot in the verdict number 2078 K / Pdt / 2009. The type of research used in this study is normative juridical with the nature of descriptive-analytical research. In this study the data that are used to write this thesis is Library Research i.e. doing research with various reading sources such as books, scientific essay, and opinion of scholars. And also conducting field research, the researchers conducted a study directly to the Medan District Court to strengthen the theory. The results of the research that have been done that the verdict number 2078 K / Pdt / 2009 the business actor is obliged to bear the loss of a motorcycle parking services users at the place of business management so that with the loss of motorcycle owned parking service users then the business actor must be responsible for the area they manage, business actor cannot take refuge in the standard clause. The settlement of consumer protection disputes can be done by solving the disputes outside the court through a mediation process or arbitration or conciliation and settlement through the court.