Pertanggungjawaban Hukum Atas Rusak Atau Hilangnya Objek Gadai yang Disebabkan oleh Kesalahan Penerima Gadai (Studi pada PT. Budi Gadai Indonesia Jalan Setia Budi Kota Medan)

Abstract

Private pawn companies have experienced rapid growth across various regions in the city of Medan. In the practice of pawn transactions at PT. Budi Gadai Indonesia, there exixts a potential risk of damage to or loss of the pawned items during the storage period. Such risks may arise due to the pawnshop's negligence, prolonged storage that leads to deterioration, or other factors such as theft or natural disasters causing the loss of the object. This study aims to address the following issues: (1) How is the legal arrangement for the storage of pawned objects regulated in the pawn credit certificate and the pawn agreement at PT. Budi Gadai Indonesia, Jalan Setia Budi, Medan? (2) What legal protection is provided to pawners in the event of damage or loss of pawned items at PT. Budi Gadai Indonesia, Jalan Setia Budi, Medan? (3) What are the legal responsibilities of PT. Budi Gadai Indonesia concerning the damage or loss of pawned objects. This research applies normative juridical methods using a qualitative approach. Data were collected from primary, secondary, and tertiary legal materials through literature studies and document analysis. In addition, primary data serving as supportive material for normative analysis were obtained via interviews with representatives of PT. Budi Gadai Indonesia and questionnaires distributed to customers. Data analysis in this legal writing employed qualitative methods, with conclusions drawn deductively. The results show that the regulation of pawned item storage plays a vital role in implementing pawn agreements to ensure the security and integrity of the items during the pawn period. At PT. Budi Gadai Indonesia, such arrangements refer to Article 1157(1) and Article 1159(1) of the Indonesian Civil Code. Legal protection for customers includes preventive measures, such as the drafting of written agreements (SBK and SBG), the obligation to safeguard items, internal supervision, storage standards, and insurance coverage, as well as repressive measurex through complaint mechanisms, compensation, mediation, or legal action via LAPS-SJK, BPSK, or the courts. PT. Budi Gadai Indonesia's legal liability is based on Article 1157(1) and the provisions of the pawn receipt, with the obligation to replace items that are lost or damaged except in cases where the loss arises from force majeure, in which case liability is transferred to the insurance provider.