ANALISIS YURIDIS PENCANTUMAN KLAUSULA BAKU TENTANG PERALIHAN TANGGUNG JAWAB PADA KETENTUAN PENGGUNAAN APLIKASI MAXIM

The phenomenon of online transportation services has recently expanded across various regions. One such service is Maxim. The legal relationship between the application provider and the driver is established as a partnership. However, there is a phenomenon in which the partnership agreement with Maxim contains clauses regarding the transfer of liability that are detrimental to the partners. The problems examined in this research are: (1) How valid is the agreement that includes a standard clause regarding the transfer of liability in the terms of use of the Maxim application? and (2) What legal protection is available to partners against such standard clauses in the Maxim application’s terms of use? The purpose of this research is to analyze and examine the validity of the agreement containing standard clauses regarding the transfer of liability in the Maxim application, as well as to analyze and examine the legal protection available to partners in the presence of such clauses. This research employs a normative juridical method. The result of the research indicates that, according to Article 1320 of the Indonesian Civil Code (KUHPerdata), the partnership agreement between Maxim and its partners is formally valid. However, it violates Article 18 paragraph (1) letter (a) of Law Number 8 of 1999 concerning Consumer Protection, which states that "Business actors are prohibited from including any standard clauses in any document and/or agreement that transfer the responsibility of the business actor." Moreover, the agreement lacks the principle of good faith, as proven by the violation of said provision. This creates a legal inconsistency: although the agreement is valid under the general provisions of Article 1320 of the Civil Code, it contravenes the special consumer protection law. Pursuant to Article 18 paragraph (3) of Law No. 8 of 1999, such clauses shall be deemed null and void by law. Legal protection for partners in the use of the Maxim application, in the presence of liability-shifting clauses, is only repressive in nature. That is, the parties will attempt to amicably resolve any disputes through negotiation. If negotiation fails, the disputes and disagreements shall be resolved in accordance with the applicable laws and regulations of Indonesia.
Keywords : Standard Clause, Transfer of Liability, Validity, Legal Protection.