LEGAL IMPLICATIONS ARISING FROM THE ISSUANCE OF THE MOTOR VEHICLE OWNER'S BOOK (BPKB)

Abstract

According to Law No. 22 of 2002 from the juridical aspect, BPKB can be reviewed formally and materially. Formally, the definition of BPKB is a decree made and issued by a public employee of a state institution, the Indonesian National Police. While the material understanding is to include the contents of the decree of the owner of the motor vehicle, so about what is written or explained in it. Juridical Review of BPKB in Civil Relations, from the existence of legal events in the community, is often found the problem of civil disputes originating from The Book of motor vehicle owners or abuse of rights. In the Civil Code, the issue of abuse of this right can be sued under Article 1365 of the Civil Code by looking at the provisions in Article 1365 of the Civil Code, namely “any act/act against the law which by mistake causes damage to compensate for the loss”. The purpose of this writing is to find out whether the BPKB that has been issued is an authentic deed or document that states as the highest thing on moving goods/Motor Vehicles, want to prove or test the legal force of BPKB as a valid evidence according to to the law. The methodology used in this writing is based on empirical jurisprudence and the basis of existing realities in society or practice. Often found the existence of ownership of motor vehicles without being equipped with BPKB or the existence of BPKB whose material is expressed in it is not the same as the physical vehicle. Juridical influence on the owner of a motor vehicle, namely in addition to the right to enjoy the object, some obligations must be fulfilled by the owner of a motor vehicle.