PERLINDUNGAN HUKUM BAGI PEMILIK SEWA MOBIL RENTAL TERHADAP TINDAKAN WANPRESTASI KONSUMEN BERDASARKAN PASAL 1238 KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS : SEWA MENYEWA MOBIL DI ALTIN RENTAL CAR PALABUHANRATU)

One form of rental agreement activity is the car rental business. The lease agreement itself gives birth to the rights, obligations and responsibilities that apply in the agreement. Where if the rights and obligations are not fulfilled, either due to negligence or intentionality or due to an event that occurs beyond the authority of each party, it can be said to be a default, namely not fulfilling or neglecting to fulfill obligations as specified in the agreement made between the creditor and the debtor. Default in Article 1238 of the Civil Code is a condition where the debtor is declared negligent with a warrant, or with a similar deed, or based on the strength of the agreement itself, that is, if this agreement results in the debtor must be considered negligent with the passage of the specified time. One form of default that often occurs in Altin Rental Car is the delay in returning the vehicle. This research is included in the specification of empirical juridical legal research with a case approach, conceptual approach and legislative approach. Meanwhile. data collection techniques through observation, interviews, and literature studies. The results of the study found that Article 1238 has not been effective in protecting car rental activities as a whole because it only discusses the act of default and preventive protection measures, this article requires other legal provisions that can strengthen existing laws.

Keywords: Rental Rental, Legal Protection, Car Rental