Legality of Exemption Clause in Secured Parking Ticket

Abstract

This thesis discusses about the legality and legal consequence of exemption clause in secured parking ticket. The study of this thesis employed juridical normative research that identified legal norms and opinion from scholars in order to understand and answer the objects of study by using juridical normative approach method. This study used secondary data that taken from the documents or archives that related to the discussed problems in this research. The data collection was organized by selecting the data that related to the discussed problem in this research. It was structured descriptively in order to answer the problem in a descriptive analysis. The data were collected and managed to answer the problems. The method of analyzing the data was qualitative method. It means that the obtained data were not in the form of numbers and statistics. Collected data were analyzed qualitatively and descriptively in order to be elaborated descriptively and qualitatively. The results of this research are first, The exemption clause in secured parking ticket still valid, exist, and be used in the society in a matter of business transaction even though it is not fulfill the requirements stated in article 1320 of ICC. It more relates to the content of the contract itself. Second, based on article 18 (3) of Act No. 8 of 1999 and Supreme Court decision No. 1264/K/PDT/2005, and Judicial Review No. 124 PK/Pdt/2007 jo Supreme Court Decision No. 1264 K/Pdt/2005, the legal consequence of exemption clause in secured parking ticket is null and void.