Tinjauan Yuridis terhadap Perbuatan Melawan Hukum dalam Perjanjian Sewa Beli Mobil antara Konsumen dan PT. Adira Cabang Ternate (Studi Putusan PN Nomor 37/Pdt.G/2018/PN.Tte)

Abstract

The case of illegal offense in a car rental contract in District Court Verdict No. 37/Pdt.G/2018/PN.Tte is committed by PT Adira, Ternate Branch Office, which confiscates the collateral by coercion without any first and second warnings and sells/auctions it without the acknowledge of the consumer. The research problems are as follows: how is the implementation of the car rental contract between the two parties, what factors cause the incidence of illegal offense committed by PT. Adira, Ternate Branch Office, how about the judge's legal consideration in the study on the Verdict No. 37/Pdt.G/2018/PN.Tte concerning the car rental contract between the two parties. The research uses a normative research method with a descriptive analytic design, as well as a case-study and statute approach. The data are collected by conducting library research and analyzed qualitatively. The research concludes that the implementation of the car rental contract between PT Adira, Ternate Branch Office and the consumer fulfills the legal provisions of a contract in Indonesia according to Article 1338 in conjunction with Article 1320 of the Civil Code. It is only concerned with the factor of error without any forethought and with poor faith, which violates Article 7 of Law No 8/1999 on Consumer Protection. The Ternate District Court Verdict No. 37/Pdt.G/2018/PN.Tte does not fulfill the principle of pacta sunt servanda or legal certainty as specified in Article 1338 of the Civil Code. It is recommended that the consumer and the businessperson pay attention to the content of the contract clearly and the latter give correct, clear, and fair information concerning the confiscating and auctioning of the collateral. The panel of judges should hand down the verdict by paying more attention to the facts in the hearing and the testimony so that the verdict is legally correct and fair.