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ANALISIS PERBUATAN MELAWAN HUKUM ATAS KELALAIAN TERHADAP HILANGNYA OBJEK SEWA (Studi Putusan Pengadilan Negeri Jakarta Utara
No. 309/PDT.G/2023/PN.Jkt Ut)
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| Subjek | : |
Contracts
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| Pengarang | : |
Ramira Althafah
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| Pembimbing | : |
Sulistyandari,
Anggitariani Rayi Larasati Siswanta
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.022 ALT a
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
A lease agreement is an agreement made by the lessor and the lessee to be able to
utilize the leased object according to their interests within a certain period of time.
However, sometimes the lessee causes losses to the lessor due to negligence as in
Decision Number 309/Pdt.G/2023/PN.Jkt.Ut. In this case, the lessee committed an
unlawful act by removing one of the lessor's rental vehicles. As a result of this act,
the Plaintiff suffered material and immaterial losses and then filed a lawsuit with the
Court. This study aims to analyze the judge's legal considerations in qualifying the
elements of the lessee's Unlawful Acts and the judge's legal considerations in
granting the compensation claim filed by the lessor. The type of research used is
normative juridical with a regulatory approach, conceptualization and cases, and
analytical perspective research specifications with secondary data. The results of the
study show that the Panel of Judges in its considerations stated that the lessees had
committed an unlawful act that violated the rights of others in the form of their
property rights. The author is of the opinion that the unlawful act committed not only
violates the rights of others but also violates the legal obligations stipulated in Article
1560 paragraph (2) and Article 1562 in conjunction with Article 1563 of the Civil
Code. Furthermore, regarding the claim for compensation based on Article 1365 of
the Civil Code, the panel of judges granted the claim for material losses of
285,078,926, while the immaterial loss of Rp. 500,000,000 was not granted by the
Judge because the Plaintiff was baseless and unreasonable because the claim for
compensation was not accompanied by a detailed calculation of where the
calculation of the immaterial loss arose.
Keywords : Loss of rental object, Negligence, Unlawful Acts, Rental Agreement.
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