The Application of Exoneration Clauses in PT Kredivo Finance Indonesia's Electronic Agreements Based on Article 1338 of the Civil Code

Abstract

The growth of information technology-based financing services has driven the use of electronic standard contracts, including the Terms of Use of PT Kredivo Finance Indonesia, which contain liability limitation clauses. This study aims to analyze the validity of such exoneration clauses based on Article 1338 of the Indonesian Civil Code and Article 18 of Law Number 8 of 1999 concerning Consumer Protection. The research employs a normative legal method utilizing statutory and conceptual approaches. Primary legal materials comprising relevant legislation and Kredivo’s Terms of Use were analyzed using a descriptive-qualitative method through legal deduction. The findings indicate that clauses limiting compensation and shifting risk to the user potentially create an imbalance of rights and obligations, while also conflicting with prohibitions regarding standard clauses and the principle of good faith. Consequently, these clauses require adjustment to avoid disproportionately shifting the business operator's liability and to ensure continued consumer protection.