BORROWER'S LIABILITY FOR DAMAGED MOTORCYCLE AFTER RETURN
DOI:
https://doi.org/10.53806/ijcss.v7i2.1363Keywords:
Default, Liability, Loan Agreement.Abstract
Motorcycle loan agreements that are made verbally often cause legal problems, especially when the motorcycle is damaged after being returned to the owner. This study aims to find out the legal provisions that govern motorcycle loan agreements and the liability of the borrower for the damage that occurs. The research method used is normative legal research with a legislative approach and a case approach, which is analyzed qualitatively based on primary and secondary legal materials. The results of the study show that the loan agreement is regulated in Articles 1740 to 1753 of the Civil Code, and the borrower is responsible for the damage to the motorcycle caused by its negligence in the form of compensation as a result of default.
References
[1] Djoko Prakoso, Bambang Riyadi Lany. 1987 . "Legal Basis of Certain Consents in Indonesia". Contract Law. West Java: CV. Elvaretta Buana.
[2] Dwi Ratna Kartikawati. 2019. "The Law of Contracts". West Java: CV. Elvaretta Buana.
[3] Nurhilmiyah. 2020. "Civil Law". Medan: CV. Multi Global Prosperous.
[4] Ramlan et al. 2023. "Legal Research Methods in the Making of Scientific Papers".
[5] Medan: UMSUpress.
[6] R.Subekti, Tjitrosudibio. 2009. "Civil Code Book", East Jakarta: PT. Balai Pustaka.
[7] R. Subekti.1995. "Aneka Perjanjian", Bandung: PT. By Aditya Bakti,
[8] Journal
[9] Atika Maulina Yuniasrah, Arief Rahman. "Legal Review of the Implementation of Borrowing Permits for the Use of Gor Mampis Rungan Between the Management and the Community (Study in Sumbawa Regency)". Journal of Private Law, Faculty of Law, University of Mataram. Vol. 2. No.2. June 2022.
[10] Dwi Alfianto, Ali Rido2 & Geraldo Valento Wijaya. "Civil Liability and Liability in Cases of Default and Unlawful Acts". Journal of Community Service. Vol. 4. No. 6. November 2024.
[11] I Dewa Ayu Sri Ratnaningsih, Cokorde Wife Dian Laksmi Dewi. "The Validity of an Agreement Based on the Civil Code". Journal of Notary Treatises. Vol. 5. No.1. January - June 2024.
[12] Muhammad Wildan, Ahmad Fajrudin Fatwa. "Accountability of Business Managers in Goods Custody Agreements from an Indonesian Legal Perspective". Journal of Legal Treatises. Vol. 20. No. 2. December 2024
[13] Niru Anita Sinaga. "Implementation of the Rights and Obligations of the Parties in the Law of the Agreement". Journal of Aerospace Law. Vol. 10, No. 1, September 2019.
[14] Roziqin, Fatmawati." Legal Implications of Land Use Loan Agreements in the Construction of the Lawe-Lawe Dam in North Penajam Paser Regency". Dejure Journal. Vol. 1. No. 2. 2022.
[15] Ridha Haifarashin, Yayang Furi Furnamasari, Dinie Anggraeni Dewi. 2021. "Students' Understanding of Citizens' Obligations and Rights". Tambusai Education Journal. Vol. 5, No. 3, Year 2021.
[16] Riddick is a bit of a jerk. 2021."Oral Analysis of Lease Agreements: Trust Becomes the Basis for Agreements". (thesis). University of Muhammadiyah North Sumatra.
[17] Siti Hotimal Husna. "Legal protection for the lender and the borrower in the borrowing agreement". Journal of Science Student Research.Vol.1. No.2. December 2023
[18] Tri Aji Nur Dewa Kusuma Wardhana. "The Validity of the Nominee Loan Agreement in the Money Loan Agreement in Indonesia". Journal of Abdikarya : Journal of Lecturer and Student Service Work. Vol.5, No.1.21-28.
[19] Tri Jata Ayu Pramesti (2015). "The Responsibility of Neighbors Who Borrow Motorcycles Until They Are Damaged", https://www.hukumonline.com/klinik/a/tanggung-jawab-tetangga-yang-meminjam-sepeda-motor-hingga-rusak-lt54af6013a0cc1/ Accessed on March 1, 2026, at 11.00 WIB.
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