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TANGGUNG JAWAB PEMILIK KOS ATAS HILANGNYA KENDARAAN PENGHUNI KOS KARENA PENCURIAN ( Studi Putusan Nomor 499/Pdt.G/2023/PN Jkt Utr)
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| Subjek | : |
Pensions
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| Pengarang | : |
Indri Sri Wahyuni
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
344.012 52 WAH t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This study examines the Responsibility of Boarding House Owners for the Loss
of Boarding House Residents' Vehicles Due to Theft, the defendant has been declared
to have committed an unlawful act because there is a rule not to lock the handlebars
of the vehicle made by the defendant. This study aims to analyze the judge's legal
considerations in qualifying the criteria for unlawful acts committed by the defendant
and analyze the responsibility of the boarding house owner for the loss of the boarding
house resident's vehicle. Thissstudyuuses a normative juridical approach method with
analytical prescriptive research specifications. The data is sourced 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, it shows that the panel of
judges in its legal considerations stated that the defendant had committed an unlawful
act but did not qualify which criteria were violated. The author argues that the
defendant committed an unlawful act and fulfilled the criteria in violation of the
subjective rights of others, namely in the form of the plaintiff losing the right to property
in the form of property rights to motorcycles, the defendant's actions are also contrary
to his own legal obligations, namely in Article 4 letter a and Article 8 paragraph 1
letter f of Law Number 8 of 1999 concerning Consumer Protection. The defendant's
liability is based on articles 1365 jo 1366 jo 1709 jo 1710 of the Civil Code and Article
19 paragraphs (1) and (2) of Law Number 8 of 1999 concerning Consumer Protection,
the claim granted is the material loss that must be paid by the defendant to the plaintiff
in the amount of Rp. 18,000,000 (eighteen million rupiah), while the immaterial loss in
this decision of Rp. 12,000,000 (twelve million rupiah) is not granted/rejected by the
panel of judges, Because the plaintiff cannot prove immaterial damages.
Keywords: Unlawful Acts, Liability, Compensation
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