Kesalahan Penerapan Hukum dalam Melindungi Penyedia Jasa Sewa Menyewa Mobil atas Perbuatan Melawan Hukum yang Dilakukan oleh Penyewa (Studi Putusan Nomor : 309/Pdt.G/2023/PN Jkt.Utr)

Abstract

The car rental service providers exist to support the increasing public demand for efficient transportation and mobility. The legal relationship between the lessor and the lessee is based on an agreement made in accordance with the provisions of the Indonesian Civil Code (KUH Perdata). However, in practice, violations of the law by the lessee often occur, which may cause losses to the service provider. One such issue can be seen in Decision Number 309/Pdt.G/2023/PN Jkt. Utr, where PT. Supratama Agro Sejahtera committed an unlawful act in the implementation of a car rental agreement with PT. Adi Sarana Armada Tbk (ASSA). This research aims to determine the procedures for the implementation of car rental agreements according to the Civil Code, to analyze the legal consequences of unlawful acts in the execution of car rental agreements, and to examine the legal protection provided to car rental service providers against unlawful acts committed by lessees based on Decision Number 309/Pdt.G/2023/PN Jkt. Utr. The research method used is normative-empirical, employing statutory and case approaches through primary and secondary data sources, which include primary, secondary, and tertiary legal materials. The data collection techniques used in this research are library research and field research, and the data obtained were processed and analyzed qualitatively. The results of this research indicate that the implementation of a car rental agreement begins with the formation of a rental contract in accordance with Article 1320 of the Civil Code, followed by the fulfillment of rights and obligations as stipulated in the Civil Code. The legal consequence of an unlawful act in the execution of a rental agreement is the obligation to compensate the injured party for damages. Based on the analysis of the judge’s legal considerations in Decision Number 309/Pdt.G/2023/PN Jkt. Utr, it was found that the judge made an error in his legal reasoning, as he failed to properly consider the plaintiff’s claims. Consequently, there was a misapplication of the law by the judge in providing legal protection for the plaintiff as the car rental service provider.