Perlindungan Hukum Terhadap Penilai Publik Melalui Klausul Pembatasan Tanggung Jawab dalam Kontrak Penilaian Aset

(Studi Kasus Surat Kontrak Nomor: 002/S.Kontrak/KJPP-HJA’R-TNG/3/IV/2025)

Abstract

Public appraisers play a crucial role in various economic transactions, including banking, mergers and acquisitions, taxation, and other asset valuation activities. In carrying out their professional duties, however, they face significant legal risks arising from lawsuits, making adequate legal protection essential, including through limitation of liability clauses in asset valuation contracts. This study aims to analyze the forms of legal protection available to public appraisers and examine the validity and scope of limitation of liability clauses in Contract No. 002/S.Kontrak/KJPP-HJA'R-TNG/3/IV/2025. The research employs the theories of Legal Protection and Legal Liability using a normative legal research method with statutory, conceptual, case, and contractual approaches. The study relies on primary, secondary, and tertiary legal materials. The findings reveal that legal protection for public appraisers is provided through preventive, repressive, professional, and contractual mechanisms. Limitation of liability clauses constitute a valid form of contractual protection provided they comply with Articles 1320 and 1338 of the Indonesian Civil Code. However, such clauses cannot exclude liability arising from intentional misconduct, gross negligence, violations of the Indonesian Valuation Standards (SPI), the Indonesian Appraisers' Code of Ethics (KEPI), statutory regulations, or the principle of good faith. The study proposes an ideal limitation of liability clause to strengthen legal certainty and legal protection for public appraisers.