Tanggung Jawab PT. Pegadaian Atas Kerusakan atau Kehilangan Barang yang Dijadikan sebagai Objek Gadai (Studi pada PT. Pegadaian Cabang Pringgan)

Abstract

Responsibility arises as a result of a money agreement with a pawn guarantee so that it has a pawn effect, namely the rights and obligations of the parties to the agreement. In the pawn agreement, the collateral is controlled by PT. Pegadaian, the problem is how the legal arrangements for the rights and obligations of the parties in the pawn agreement, how the mechanism for storing pawn objects at PT. Pegadaian Pringgan Branch, how the form of responsibility of PT. Pegadaian Pringgan Branch for damage or loss of customer goods used as pawn objects. This research uses normative legal research methods with data collection techniques through library research, as well as structured interviews at PT. Pegadaian Pringgan Branch which serves to confirm secondary legal materials, and a qualitative data analysis approach. The form of responsibility of PT. Pegadaian Pringgan Branch for damage or loss of customer goods that are used as pawn objects is regulated in Article 1365 of the Civil Code PT. Pegadaian Pringgan Branch must be responsible for compensating for damages for damage or loss of the collateral. PT. Pegadaian obligation to compensate collateral that are returned in a damaged and lost also regulated in Article 25 Paragraph (2) of OJK Regulation Number 31/POJK.05/2016. Every item that is the object of collateral will be insured to ensure the existence of the goods, the legal remedies given to the pawnbroker are preventive and repressive, and all problems that arise between the parties can be resolved through litigation or non litigation.