Tinjauan Terhadap Perbuatan Melawan Hukum Terhadap Penguasaan BPKB Sebagai Bukti Kepemilikan Kendaraan Bermotor Dalam Perkara No. 19/PDT.G/2016/PN.PBR

Erwin Fernando, Josua (2021) Tinjauan Terhadap Perbuatan Melawan Hukum Terhadap Penguasaan BPKB Sebagai Bukti Kepemilikan Kendaraan Bermotor Dalam Perkara No. 19/PDT.G/2016/PN.PBR. Other thesis, Universitas Islam Riau.

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Abstract

The applicable legal provisions/rules can force a person who feels that his rights and interests are disturbed, must resolve the issue either through deliberation between the two disputing parties and at the final stage, resolve the issue through the courts as a forum for seeking justice, in this case is to file a lawsuit or lawsuit through an authorized court, and it is his duty to prove his rights before the court. The lawsuit or claim can be in the form of an unlawful act or because of the default of one of the parties. For this reason, this author's research is about the existence of a lawsuit or claim from the Plaintiff against the Defendant due to an unlawful act committed by the Defendant by not submitting the Plaintiff's Car BPKB which has been regulated in the contents of the previously agreed agreement as stated in the case decision Number 19 /Pdt.G/2016/PN.PBR. Based on the above background, the formulation of the problem that will be answered in writing this thesis include: How is the Unlawful Action Against the Control of BPKB as Evidence of Motorized Vehicle Ownership in Case No. 19/Pdt.G/2016/PN.PBR and What is the Basis of the Panel of Judges in Conducting the Panel of Judges' Considerations in Case Number 19/Pdt.G/2016/PN.PBR. Writing this thesis, using normative legal research methods by way of case studies, namely by studying the decision of case no. 19/Pdt.G/2016/PN.PBR. Meanwhile, if viewed from its nature, the writing of this research is descriptive, which means that the research is intended to provide a detailed, clear and systematic description of the main research problems. Unlawful Acts of Control of BPKB as Evidence of Ownership of Motorized Vehicles in Case No. 19/Pdt.G/2016/PN.PBR, was an act committed by Defendant I for not submitting the BPKB to the Plaintiff and Defendant II also not providing the BPKB on the grounds that the BPKB contained the name of the Defendant and not the name of the Plaintiff. The basis of the Panel of Judges in Conducting the Consideration of the Panel of Judges in Case Number 19/Pdt.G/2016/PN.PBR is a legal consideration which states that the plaintiff's claim is granted, because according to the Panel of Judges the action of Defendant I did not submit proof of ownership of a motorized vehicle or Land Cruiser Car BPKB No. Pol. BM 3 SM is against the law because the Plaintiff's rights have been harmed by Defendant I.

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