KLAUSULA BAKU DAN PERLINDUNGAN KONSUMEN DALAM PENGIRIMAN BARANG PADA PT. KHARISMA SELARAS INDOTAMA (TINJAUAN YURIDIS, NORMATIF DAN FILOSOFIS)

Raihan Putri, S.H., NIM.: 21203012112 (2023) KLAUSULA BAKU DAN PERLINDUNGAN KONSUMEN DALAM PENGIRIMAN BARANG PADA PT. KHARISMA SELARAS INDOTAMA (TINJAUAN YURIDIS, NORMATIF DAN FILOSOFIS). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

PT. Kharisma Selaras Indotama is one of the expedition companies that includes standard clauses in running its business. In carrying out its business, companies refer to standard clauses, namely determining limits regarding liability in the event of damage and loss of goods with a maximum compensation of Rp. 1,000,000,- (one million rupiah). The maximum compensation limit stated in the standard clause will certainly be very detrimental to the consumer if the amount of the consumer's shipment is greater than the value of the compensation received. However, according to the provisions, any losses incurred must be compensated with real value. In practice, the inclusion of standard clauses relating to compensation is not implemented as it should be. Departing from the issue of including standard clauses in PT. Kharisma Selaras Indotama, the author prepared three problem formulations including, what is the juridical review of the inclusion of standard clauses, what is the normative review of Islamic law regarding the inclusion of standard clauses and what is the philosophical review of the inclusion of standard clauses. To answer this research question, the author analyzes it juridically, normatively and philosophically by dissecting standard clause theory based on law, fiqh and analyzing it maqāṣid asy-Syarīʿah. This research is field research. This research was conducted using qualitative methods, in the process of collecting primary data the author carried out observations and interviews. Meanwhile, the nature of this research is analytical descriptive. The results of the research as per the formulation of the problem in question, obtained results that, legally in its application to PT. Kharisma Selaras Indotama does not comply with the provisions contained in Article 1320 of the Civil Code, namely the absence of an agreement between business actors and consumers. In the provisions of Article 1243 of the Civil Code, it is required to pay compensation based on the cost of losses that have been incurred. In practice, business actors only provide compensation with a small nominal amount. In the UUPK it is stated that in standard clauses there is no transfer of responsibility. However, in practice there is a form of transfer of responsibility. Normatively, in its application it does not meet the requirements for the validity of the contract, in addition, business actors also violate several important points contained in the principles of the agreement, including the principle of freedom of contract and the principle of consensualism. principles of balance and justice. the principle of trust and, the principle of willingness. In ḍamān theory, any loss caused to the detriment of another party must be compensated with real value. Philosophically, the compensation given does not fulfill the realization of maintaining one of the goals of maqāṣid asy-Syarīʿah, namely ḥifẓ al-māl. Maintaining and maintaining assets in the companies that the author studied, including ḥifẓ al-māl, is at the ḥajiyyāt level where consumers will experience difficulty in managing their business capital.

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