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| Jenis | : |
KKM
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| Judul | : |
TANGGUNG JAWAB PEMILIK VENETIAN WATERPARK DALAM PERBUATAN MELAWAN HUKUM TERHADAP KONSUMEN ATAS KERUGIAN YANG DITIMBULKAN OLEH BENDA DALAM PENGAWASANNYA (Tinjauan Yuridis Terhadap Putusan Nomor 721/Pdt/2021/PT.DKI)
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| Subjek | : |
Malpractice
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| Pengarang | : |
PRASASTI ADISTYA
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.032 ADI t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This research was motivated by the negligence of the owner of the Venetian
Waterpark, who ignored the sharp object/bolt attached to the changing room door until finally,
a victim emerged, namely the child of the Plaintiff/Appellee, who suffered a defect in his left
eye. Therefore, the Plaintiffs/Appellees filed a lawsuit for compensation based on an unlawful
act. This research aims to analyze the responsibility of the owner of the Venetian Waterpark
towards consumers for losses caused by objects under their supervision and to analyze the
legal considerations of judges in granting claims for compensation by consumers based on
unlawful acts. This research uses a normative juridical approach with analytical prescriptive
research specifications. Data comes from secondary data. The data collection method was
carried out by literature study using qualitative normative analysis methods.
Based on the results of the research and discussion, the Panel of Judges, in their
decision, stated that the Defendant committed an unlawful act because he was negligent in
leaving a sharp object stuck to the dressing room door, resulting in a defect in the left eye of
Azka Amril Fatah as the child of Para Plaintiff. The Defendant has fulfilled the criteria for
unlawful acts by violating the subjective rights of other people and going against the decency
that must be respected in social interactions in society, on the legal basis of Article 1365 of
the Civil Code. According to the author, in this case, the Panel of Judges should have used
Article 1365 in conjunction with Article 1366 in conjunction with Article 1367 paragraph (I)
of the Civil Code because the Defendant/Appellant had been negligent in supervising the goods
under his supervision by leaving the changing room door damaged. Second, due to fulfilling
all the requirements for applying for compensation in Article 1365 Juncto Article 1366 Juncto
Article 1367 paragraph (I) of the Civil Code, the compensation claim is granted, in the form
of material and immaterial form. The Panel of Judges granted total material compensation
amounting to Rp. 42,223,755.00 and granted partial immaterial compensation amounting to
Rp. 250,000,000.00.
Keyword : Negligence, Unlawful Acts, Compensation
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