Implementasi Pertanggungjawaban Perdata Pengelola Jasa Parkir terhadap Kerusakan Kendaraan Konsumen akibat Kelalaian Ditinjau dari Kitab Undang-Undang Hukum Perdata

Abstract

The increasing number of motor vehicles and the growth of commercial and service activities have increased the demand for parking services. The use of parking services creates a legal relationship between consumers and parking service providers, giving rise to rights and obligations for both parties. However, problems remain, including damage to consumers’ vehicles due to alleged negligence and the refusal of parking providers to accept liability based on liability transfer clauses on parking tickets. This study aims to analyze the legal relationship between consumers and parking service providers and examine the implementation of civil liability for vehicle damage based on the Civil Code and Law No. 8 of 1999 on Consumer Protection. The study employed an empirical-juridical method through statutory and empirical approaches, with data collected through interviews and direct observation in the Tuparev Street area, Karawang Regency. Data were analyzed qualitatively by comparing applicable legal provisions with actual parking service practices. The findings show that the legal relationship arises when the vehicle is handed over for parking, requiring providers to deliver services and ensure vehicle safety. Under Articles 1365 and 1366 of the Civil Code, providers may be held liable for damage caused by fault or negligence. However, implementation remains inconsistent, as some providers refuse compensation. Therefore, stronger legal awareness and consistent liability enforcement are needed to ensure effective consumer protection.