Pencantuman Klausula Eksonerasi Dalam Syarat Dan Ketentuan Aplikasi Trading Efek

Abstract

The rapid digitalization of technology has influenced the efficiency of financial services, particularly in the capital market sector. Consumers who initially conducted securities transactions face-to-face through representative can now do so through electronic devices online. However, it comes with a flaw. When problems occur in conducting virtual transactions, sometimes companies (PUJK) include an exclusion terms to avoid such responsibilities, therefore legal protection is needed. The research method used is a normative juridical approach. The result of this research is that the form of agreement used in securities services is in the form of a standard electronic-based agreement, and is valid based on Article 1320 of the Civil Code and UU ITE, where the form of agreement is referred to as a clickwrap agreement. The weakness of a standard agreement is the lack of a bargaining process, allowing the party in a strong position to include exoneration clauses that are prohibited by legislation in the agreement to avoid losses. The form of legal protection that can be provided is by establishing UU 21/2011, to establish a Financial Services Authority (OJK), as a means of legal protection focusing on the financial services sector. The presence of the OJK can provide legal protection from a preventive aspect, by establishing POJK No. 06/POJK.07/2022. Meanwhile, repressive legal protection can be provided by imposing sanctions on PUJK, as well as providing a dispute resolution mechanism through the establishment of the Lembaga Alternatif Penyelesaian Sengketa (LAPS SJK) as a substitute for the Badan Penyelesaian Sengketa Konsumen (BPSK).

Keywords

• klausula eksonerasi
• perlindungan hukum
• aplikasi trading efek
• exclusion clause
• legal protection
• securities trading app