Pembebanan Gadai Atas Objek Mobil Sewa
Humans in living their lives have a variety of needs that must be met so that humans can survive. But today, these needs are unlimited. This is what causes humans to behave consumptively. With the existence of consumptive behavior, humans will justify any means to get money for the sake of launchin...
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| Format: | Theses and Dissertations NonPeerReviewed |
| Language: | Indonesian Indonesian Indonesian Indonesian Indonesian Indonesian Indonesian |
| Published: |
2019
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| Online Access: | http://repository.unair.ac.id/95663/1/1.%20HALAMAN%20JUDUL.pdf http://repository.unair.ac.id/95663/2/2.%20ABSTRAK.pdf http://repository.unair.ac.id/95663/3/3.%20BAB%20I.pdf http://repository.unair.ac.id/95663/4/4.%20BAB%20II.pdf http://repository.unair.ac.id/95663/5/5.%20BAB%20III.pdf http://repository.unair.ac.id/95663/6/6.%20BAB%20IV.pdf http://repository.unair.ac.id/95663/7/7.%20DAFTAR%20PUSTAKA.pdf http://repository.unair.ac.id/95663/ http://lib.unair.ac.id |
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| Institution: | Universitas Airlangga |
| Language: | Indonesian Indonesian Indonesian Indonesian Indonesian Indonesian Indonesian |
| Summary: | Humans in living their lives have a variety of needs that must be met so that humans can survive. But today, these needs are unlimited. This is what causes humans to behave consumptively. With the existence of consumptive behavior,
humans will justify any means to get money for the sake of launching consumptive behavior. One way is to pawn items that do not belong to him. As is the case that is rife in Indonesia that in this case the object of the pawning agreement is a rental car and the pawnbroker is not the owner of the object, but the pawnbroker pawned the object to the pawn recipient. In such cases there are doubts about the validity of the contract and the legal remedies made by the owner of the object to get his rights back. Through a conceptual approach, legislation approach and case studies, the conclusion is that the pawning agreement in this case is invalid because there is no good faith in this agreement and the objective conditions of the agreement are not fulfilled, namely the permissible cause. For legal remedies,
the owner of the pawn object may submit legal remedies in both civil and criminal matters. The lien giver can be held accountable by submitting a default by the owner of the pawn object and may be subject to punishment for embezzlement.
Pawn recipients can be held accountable by filing a revindication claim by the owner of the pawn object and may be subject to punishment for committing criminal offenses. In this case the owner of the object is free to determine what
legal remedies will be taken, if he wants to get compensation without interference from the police then he can take legal action in civil matters. However, if the owner of the object wants to give a deterrent effect on the pawnbroker or the pawn recipient, the object owner can take legal action in terms of criminal matters |
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