Perbuatan Melawan Hukum (Onrechmatige Daad) Tidak Diberikannya Buku Pemilik Kendaraan Bermotor Setelah Pelunasan Perjanjian Kredit

Abstract

Based on Decision No. 210/Pdt.G/2020/PN-Tjk showed that the Plaintiff's claim was partially granted, stating that Defendant I and Defendant II had committed an Unlawful Act (Onrechmatig Daad) which harmed the Plaintiff. The problem in this research is the factor that causes the unlawful act (onrechmatige daad) of not being given the Motorized Vehicle Ownership Book (BPKB) of a motorized vehicle in the case of Decision No. 210/Pdt.G/2020/PN-Tjk and the Judge's considerations in deciding cases against unlawful acts (onrechmatige daad) not being given a Motorized Vehicle Ownership Book (BPKB) for motorized vehicles based on Decision No. 210/Pdt.G/2020/PN-Tjk.The research method uses a normative and empirical juridical approach, a normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will be related to research problems, the data analysis used is qualitative analysis.The results of the study showed that the factors that led to the unlawful act were not given the motor vehicle owner's book (BPKB) in the case of Decision No. 210/Pdt.G/2020/PN-Tjk, namely a legal factor due to the absence of internal provisions requiring that fiduciary guarantees be notarized. The judge's considerations in deciding cases against unlawful acts are not giving a motorized vehicle owner's book (BPKB) based on that the creditor does not write off the Fiduciary Guarantee record after the debt from the debtor is paid off.