Akibat Hukum Klausula Eksonerasi dalam Perjanjian Pembiayaan Konsumen dengan Jaminan Fidusia yang Dilegalisasi oleh Notaris

Abstract

This study discusses the legal consequences of exoneration clauses in consumer financing agreements secured by fiduciary guarantees and legalized by a Notary. It employs a normative-juridical research method specifically, library-based legal research utilizing primary, secondary, and tertiary legal sources. The findings indicate that, in accordance with R. Soeroso’s theory of legal consequences which defines a legal consequence as the result of a legal act intended by the actor and regulated by law such consequences may manifest as the creation, alteration, or termination of a legal state or legal relationship, or the imposition of sanctions for acts contrary to the law. Notarial legalization does not validate an exoneration clause that conflicts with statutory regulations. Furthermore, applying M. Yahya Harahap’s dispute resolution theory, if the inclusion of such an exoneration clause leads to a dispute between the consumer and the financing company, the resolution process must aim to protect the rights and interests of both parties while ensuring an effective and equitable outcome.