签发汽车拥有人登记册所涉及的法律问题(bpkb)

Fitria Dewi Navisa, Fitri Adelia, Meidiana Cahya Anjarningtyas
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引用次数: 0

摘要

根据2002年第22号法律,在司法方面,可以对BPKB进行正式和实质性的审查。正式地说,BPKB的定义是由国家机构的公职人员印度尼西亚国家警察制定和发布的法令。书中所写的或所解释的,虽是指机动车所有人的法令,但也包括其中所写的或所解释的。民事关系中的BPKB司法考察,从社会上存在的法律事件中,经常发现源于《机动车所有人书》或权利滥用的民事纠纷问题。在《民法典》中,滥用这一权利的问题可根据《民法典》第1365条提起诉讼,参照《民法典》第1365条的规定,即“因错误造成损害以赔偿损失的任何违反法律的行为”。本文写作的目的是为了查清已签发的BPKB是否为真实的契据或声明为移动货物/机动车辆上最高物的文件,依法证明或检验BPKB作为有效证据的法律效力。本文中使用的方法是基于经验法学和社会或实践中现有现实的基础。经常发现存在所有权的机动车辆没有配备BPKB或存在的BPKB,其材料表示的是不一样的物理车辆。对机动车所有人的法律影响,即机动车所有人除了享有客体的权利外,还必须履行某些义务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
LEGAL IMPLICATIONS ARISING FROM THE ISSUANCE OF THE MOTOR VEHICLE OWNER'S BOOK (BPKB)
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.
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