SETIADI, Lanang (2025) Tinjauan Yuridis Perbuatan Melawan Hukum dalam Sewa Menyewa (Studi Putusan Nomor 122/Pdt.G/2023/PN.Kpg.). Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

One of the cases of unlawful acts that is interesting to study is a lease agreement that results in unlawful acts in Decision Number 122/Pdt.G/2023/PN.Kpg, namely Defendant II (lessee) unlawfully controls the Plaintiff's vehicle. The purpose of this study is to analyze the legal considerations of the judge in granting the claim for compensation and to analyze the distribution of the amount of responsibility of the Defendants for the Plaintiff's losses. This research uses normative juridical methods, with prescriptive specifications. Data sources are secondary data, consisting of primary legal materials and secondary legal materials. The method of data collection is done through literature study, with the method of presenting data in the form of descriptive narrative, which is then analyzed normatively qualitative. The results of the research indicate that the judge was correct in determining the criteria for tort in this case, namely that the Defendants had violated the propriety that must be heeded in social life in the form of actions that seriously harmed others without proper interests. These actions are contrary to the legal obligations of the perpetrator and violate the rights of others guaranteed by law, this is contrary to good behavior in society to pay attention to the interests of others. The judge in his decision was correct, because he decided to share responsibility based on the principle of joint and several liability in accordance with Article 1280 of the Civil Code to the Defendants, which is related to the division of responsibility that can be carried out by only one party, namely only one of the Defendants who pays compensation and the other Defendants released.

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