International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 3 (2022)

The exoneration clause in the subsidized home sale and purchased agreement (a case study at PT Hadrah Aceh Pratama Banda Aceh)


Sheilla Maynisa Salman, Sanusi, Yusri

This study aims to explain the form and content of the exoneration clause contained in the subsidized home sale and purchase agreement at PT Hadrah Aceh Pratama, the legal consequences for business actors who include an exoneration clause in the agreement, as well as forms of legal protection for consumers against the inclusion of an adverse exoneration clause. The method used in this research is normative juridical and empirical research, with a statutory approach and a case approach. The data collection techniques were obtained from interviews, observations and documentation using primary and secondary data sources. The data obtained will be analyzed through descriptive-analytical method. The results showed that PT Hadrah Aceh Pratama is in the form of a clause that is used in the form of transfer of responsibility, stating the refusal to return the money paid for goods purchased by consumers, giving the rights to business actors to reduce service benefits or reduce consumer assets that are the object of buying and selling, which are also very detrimental to consumers in its implementation. As a result of violating the provisions contained in Article 18 paragraph (1) of the UUPK will result in the agreement being null and void. The form of legal protection for consumers is divided into two forms, namely: preventive legal protection (prevention) and repressive legal protection (dispute resolution). Likewise, the consumer should be more considerate and cautious in signing a standard agreement.
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How to cite this article:
Sheilla Maynisa Salman, Sanusi, Yusri. The exoneration clause in the subsidized home sale and purchased agreement (a case study at PT Hadrah Aceh Pratama Banda Aceh). International Journal of Law, Volume 8, Issue 3, 2022, Pages 187-191
International Journal of Law