PERLINDUNGAN HUKUM KONSUMEN ATAS PEMBATASAN KEWAJIBAN PELAKU USAHA YANG TERCANTUM DALAM KLAUSULA EKSONERASI PADA APLIKASI SHOPEE

This research aims to analyze validity standard agreements on Shopee application in terms of Article 1320 of the Civil Code (Burgelijk Wetboek) and Law Number 8 of 1999 on Consumer Protection, and to analyze legal protection for Shopee application consumers if they harmed by Exoneration Clause and Standard Agreement by Shopee. The research method used in this study is normative juridical legal research, with Statute Approach and Conceptual Approach. The primary legal materials used are Civil Code and Law Number 8 of 1999 on Consumer Protection, with legal doctrines and literature as secondary legal materials. The conclusions of study: (1) Validity using standard agreements on Shopee Application is subject to rules stipulated in Article 1320 of Civil Code and Article 18 of Law Number 8 of 1999 on Consumer Protection. There is transfer of responsibility in these standard agreements, rendering them null and void. Additionally, Article 62 Paragraph (1) threatens business actors with maximum imprisonment of 5 years or fine up to IDR 2 billion as consequence of these violations. (2) Legal protection for consumers against the exoneration clause by Shopee, regulated in Consumer Protection Law, can be achieved by filing complaints or taking case to Consumer Dispute Settlement Agency (BPSK). However, there’s need for increased socialization, capacity building, and coordination of BPSK with BPKN and LPKSM. Cooperation between the government, business actors, and consumers is necessary. Shopee can enhance transparency, provide consumer choices, improve dispute resolution mechanisms, and remove exoneration clauses included in Shopee Application Terms and Services Agreement.