Review of Civil Code and Consumer Protection Law Regarding Legal Guarantees for Parking Service Users

Tinjauan KUHPerdata dan UU Perlindungan Konsumen Terkait Jaminan Hukum bagi Pengguna Jasa Parkir

Abstract

Parking is a human need for vehicle security, especially in public places. Systematically, parking is guarded by a parking service manager who is tasked with guarding the vehicle as long as it is left until the vehicle is taken back by the owner. Where the parking manager provides a number of areas that will be used to place vehicles that will be parked. Within the scope of civil law, this interaction will create a causal relationship between the service provider and the parking service user. This relationship results in the birth of rights and obligations between both parties. The Civil Code explains that parking service providers are obliged to look after and guard the goods that have been entrusted to them until the owner of the goods comes back to collect the goods. However, in practice, there are many things that deviate from the law. We often find many parking managers who emphasize that any loss of goods entrusted to them is not the responsibility of the guard or parking service provider. This is included in the standard clauses in the perspective of Law no. 8 of 1999 and in essence this is a forced transfer of the responsibility of managing parking services to the owner of the goods. Through the normative juridical method, a conclusion was produced which shows that the transfer of responsibility is considered null and void and violates Articles 1706, 1714 of the Civil Code and Article 18 Paragraph (1) point a of Law no. 8 of 1999 concerning Consumer Protection.  In this way, the parking service provider will still be held responsible if there is a loss of goods entrusted by the custodian.