Sanksi Tindak Pidana Pencantuman Klausula Baku pada Karcis Parkir Kendaraan Bermotor

Authors

  • Moch. Choirul Rizal

DOI:

https://doi.org/10.15642/ad.2013.3.2.299-322

Keywords:

Sanctions, criminal act, standard clause, motor vehicle

Abstract

This article discusses about a criminal sanction of the standard clauses in a motor vehicle parking ticket for parking service manager according to article 18 paragraph (1) jo. article 62 paragraph (1) of Law No. 8 year 1999 about consumer’s protection. Standard clause is an agreement where the procedure of making it is unilateral. A standard clause listed on the ticket motorists has violated the provision of article 18 paragraph (1) letter a, namely “the businesses doers, in offering goods and/or services that are held for trading, are prohibited from making or including a standard clauses in each document and/or agreement if they had declare the transfer of responsibility of entrepreneursâ€. The inclusion of a standard clause as mentioned in the above provisions can be categorized as a criminal offense. The criminal penalty of such act is  imprisonment of a maximum 5 (five) years or a criminal sanction of a maximum Rp. 2,000,000,000.00 (two billions rupiah) as stipulated in article 62 paragraph (1) UUPK. In Islam, these are included a criminal act and they have not stipulated in the text yet. So that, it becomes the authority of ulil 'amri to determine the punishment.

Downloads

Download data is not yet available.

Downloads

Published

2013-10-01

How to Cite

Rizal, M. C. (2013). Sanksi Tindak Pidana Pencantuman Klausula Baku pada Karcis Parkir Kendaraan Bermotor. Al-Daulah: Jurnal Hukum Dan Perundangan Islam, 3(2), 299–322. https://doi.org/10.15642/ad.2013.3.2.299-322