Problematika Pencantuman Klausula Eksonerasi Ulasan Positif Untuk Klaim Garansi di Shopee

Abstract

This research addresses the problematic inclusion of exoneration clauses stipulating positive reviews for warranty claims on Shopee. While the prohibition of exoneration clauses is not explicitly articulated within statutory regulations, it may be inferred from Article 18 of Law Number 8 of 1999 concerning Consumer Protection about prohibited standard clauses. Nevertheless, the practice of utilizing exoneration clauses, particularly those mandating positive reviews for warranty claims, persists, notably within the marketplace domain. This study adopts an empirical legal methodology, employing both primary and secondary data sources, which comprise primary and secondary legal materials. Data collection was executed through interviews utilizing a purposive sampling technique, and the data was subsequently subjected to qualitative analysis employing an interactive model. The research findings reveal the problematic nature of including exoneration clauses stipulating positive reviews for warranty claims on Shopee, specifically: the inadequate protection afforded to business actors, Shopee's suboptimal efforts in merchant curation, the non-fulfillment of contractual validity requirements, the ineffectiveness of Shopee's Warranty regulations, and the diminution of credibility within the review section.