Y. Yatini, Mieke Yustia Ayu Ratna Sari, Ahmad Zazili
{"title":"Perlindungan Konsumen Jasa Parkir Pusat Perbelanjaan","authors":"Y. Yatini, Mieke Yustia Ayu Ratna Sari, Ahmad Zazili","doi":"10.33019/progresif.v17i1.4038","DOIUrl":null,"url":null,"abstract":"The implementation of parking at Samarinda City Mall is carried out using the parking model and parking space leases, with variations in standard clauses. Potential disputes between the parties in this legal relationship can occur due to damage or loss caused by the actions of third parties, which have an impact on consumer losses. Variations in the implementation of parking have an impact on legal uncertainty which results in non-optimal legal protection for consumers of parking services. The research method used is empirical juridical supported by factual data obtained from research at the Samarinda City Mall. The results of the study show that the management and arrangement of parking at the Samarinda Mall is constructed as a parking agreement, the manager is responsible for damage and loss of vehicles using parking services. The standard clause on parking tickets is an exoneration clause, while the standard clause on parking space leases is not an exoneration clause. Even though BPSK Kota Samarinda has supervisory authority for standard clauses, its implementation is less effective. Supervision can be carried out by the permit giver for effective guidance and administrative sanctions. The implementation of parking space leases at the Samarinda Mall must be disciplined, because it is an avoidance of the responsibility of business actors, as an effort to optimize consumer protection.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"73 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"PROGRESIF: Jurnal Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33019/progresif.v17i1.4038","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The implementation of parking at Samarinda City Mall is carried out using the parking model and parking space leases, with variations in standard clauses. Potential disputes between the parties in this legal relationship can occur due to damage or loss caused by the actions of third parties, which have an impact on consumer losses. Variations in the implementation of parking have an impact on legal uncertainty which results in non-optimal legal protection for consumers of parking services. The research method used is empirical juridical supported by factual data obtained from research at the Samarinda City Mall. The results of the study show that the management and arrangement of parking at the Samarinda Mall is constructed as a parking agreement, the manager is responsible for damage and loss of vehicles using parking services. The standard clause on parking tickets is an exoneration clause, while the standard clause on parking space leases is not an exoneration clause. Even though BPSK Kota Samarinda has supervisory authority for standard clauses, its implementation is less effective. Supervision can be carried out by the permit giver for effective guidance and administrative sanctions. The implementation of parking space leases at the Samarinda Mall must be disciplined, because it is an avoidance of the responsibility of business actors, as an effort to optimize consumer protection.
Samarinda City Mall的停车实施采用停车模式和停车位租赁,标准条款有所不同。在这种法律关系中,由于第三方的行为造成的损害或损失,可能会引起当事人之间的潜在纠纷,从而对消费者的损失产生影响。停车实施的变化对法律不确定性产生影响,导致停车服务消费者的法律保护非最优。所使用的研究方法是实证的司法支持的事实数据,从萨马林达城市购物中心的研究获得。研究结果表明,萨玛林达购物中心的停车管理和安排被构建为一种停车协议,管理者对使用停车服务的车辆的损坏和损失负责。停车罚单标准条款是免责条款,而停车位租赁标准条款不是免责条款。尽管BPSK Kota Samarinda拥有对标准条款的监管权力,但其实施效果较差。监督可以由许可证颁发人进行有效的指导和行政处罚。萨玛林达购物中心停车位租赁的实施必须受到纪律处分,因为这是对商业行为者责任的逃避,是对消费者保护的优化。