Abstract
General Background: The development of digital investment services has introduced automated trading systems such as robot trading into contractual relationships between business actors and consumers in Indonesia. Specific Background: Robot trading agreements may contain exoneration clauses that limit or transfer the responsibility of service providers for losses incurred by consumers. Knowledge Gap: Previous studies have examined robot trading, illegal investment, and consumer protection, but limited attention has been given to the normative relationship between exoneration clauses in robot trading agreements, Article 18 of the Indonesian Consumer Protection Law, and the hierarchy of legislation. Aims: This study analyzes the regulation of exoneration clauses under Bappebti Regulation Number 12 of 2022, examines their conformity with Indonesian consumer protection law, and analyzes potential normative conflicts based on the principle of lex superior derogat legi inferiori. Results: Using normative legal research with statutory, conceptual, and analytical approaches, the study finds that sectoral regulation may provide limited room for responsibility restrictions when transparency requirements are fulfilled. However, clauses that unilaterally transfer business actors’ responsibility to consumers may conflict with Article 18 of the Consumer Protection Law. In such circumstances, the higher legal norm must prevail, and conflicting clauses may be declared null and void. Novelty: This study specifically examines exoneration clauses in robot trading agreements through the interaction between sectoral regulation, consumer protection law, and normative hierarchy. Implications: The findings provide a normative basis for assessing the validity of exoneration clauses and maintaining consistency between sectoral regulation and consumer protection law.
Key Findings Highlights
Indonesia’s Consumer Protection Law Prohibits Unilateral Liability Transfers.
Transparency Does Not Override Higher Consumer Protection Norms.
Lex Superior Determines Conflicting Norms Within The Regulatory Hierarchy.
Keywords : Exoneration Clauses, Robot Trading, Consumer Protection, Normative Conflict, Legal Hierarchy