Consumer Legal Protection against the Clause on the Transfer of Responsibility of Cleaning Service Business Actors (Study of Decision Number 3817 K/Pdt/2025)

Abstract

This study aims to analyze the legal liability of cleaning service providers for consumer losses resulting from the negligence of field workers and to examine the legal status of standard clauses limit or transfer business actors' liability for damage to consumers' property under Law Number 8 of 1999 concerning Consumer Protection through a study of Supreme Court Decision Number 3817 K/Pdt/2025. This research employed normative legal research using statutory, conceptual, and case approaches. The findings indicate cleaning service providers are liable for consumer losses pursuant to Articles 1365 and 1367 of the Indonesian Civil Code. Furthermore, standard clauses that transfer or limit the liability of business actors constitute exoneration clauses that violate Article 18 paragraph (1) letter a of Consumer Protection Law, rendering them null and void and legally unenforceable. Supreme Court Decision Number 3817 K/Pdt/2025 correctly applied these provisions by affirming the business actor's obligation to compensate consumers, thereby ensuring legal protection and legal certainty for consumers.