Perlindungan Hukum Konsumen Atas Kerugian Immateriil dalam Jasa Vendor Pernikahan: Analisis Kualifikasi Force Majeure terhadap Kendala Operasional

Abstract

The dynamics of the wedding service industry are frequently confronted with various external and internal operational disruptions that culminate in a failure of contractual performance (default). This study aims to critically analyze the juridical qualifications of technical transportation constraints invoked as a force majeure defense in wedding service disputes, while concurrently evaluating the institutionalization of consumers' immaterial restitution rights pursuant to Article 19 of Law Number 8 of 1999 on Consumer Protection. Employing a normative juridical research method with statutory and case approaches, the findings demonstrate that internal operational friction, such as logistics fleet failures, strictly fails to satisfy the legal parameters of force majeure. Since such exigencies are inherently foreseeable, they must be mitigated through sound corporate risk management, thereby leaving the vendor fully liable for all subsequent damages. Given the non-repeatable nature of wedding ceremonies, performance failures inflict severe, irreversible immaterial injuries upon consumers, characteristically manifesting as enduring psychological trauma and the degradation of social dignity before the public. This study concludes that the current remediation framework suffers from a distinct legal gap, as informal, out-of-court settlements routinely marginalize moral and psychic losses. Consequently, a progressive legal interpretation alongside a standardized valuation mechanism for immaterial damages based on the principle of fairness (redelijkheid) is profoundly imperative to guarantee legal certainty and robust consumer protection.