Upaya Hukum Perlawanan Pemilik Peti Kemas Sebagai Pihak Ketiga Yang Dirugikan Dalam Perampasan Peti Kemas Miliknya

Simanjuntak, Kevin Cesario Valentino (2026) Upaya Hukum Perlawanan Pemilik Peti Kemas Sebagai Pihak Ketiga Yang Dirugikan Dalam Perampasan Peti Kemas Miliknya. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This study discusses the legal efforts of third party resistance (derden verzet) undertaken by PT Temas Tbk as the legal owner of 58 containers confiscated by the state in an illegal logging criminal case involving the container lessee. The main issues examined in this study include the legal position of the container owner as a third party who is harmed in the confiscation of his property and the legal efforts of third party resistance (derden verzet) in providing legal protection for owners who are not involved in the crime. The research method used is normative legal research with a statutory approach and a case approach, through the use of secondary data sources in the form of laws and regulations, legal doctrine, and three court decisions related to the a quo case. The results of the study indicate that in the lease agreement, the ownership rights to the container remain with the owner, so that the lessee is not authorized to use the goods outside the agreement, especially for unlawful purposes. The lessee's actions in transporting illegal timber without valid documents are unlawful acts that cause real losses to the owner. At the first and appeal levels, the container owner's resistance was declared inadmissible on the grounds that the owner was deemed to have combined the third party's resistance (derden verzet) with the ownership lawsuit, resulting in the third party's counterclaim being unclear and vague. However, at the cassation level, the Supreme Court granted PT Temas Tbk's application by affirming that the owner was a good-faith third party entitled to legal protection, and ordered the return of all containers to the owner after the decision became legally binding.

Item Type:

Thesis (Undergraduate)

Contributors: