ANALISIS YURIDIS PERTANGGUNGJAWABAN PERDATA PELAKU USAHA JASA PENITIPAN HEWAN (PETSHOP) ATAS KEMATIAN ATAU KEHILANGAN HEWAN PELIHARAAN SELAMA MASA PENITIPAN

Evandri, Vidi Salman Alfarisi (2026) ANALISIS YURIDIS PERTANGGUNGJAWABAN PERDATA PELAKU USAHA JASA PENITIPAN HEWAN (PETSHOP) ATAS KEMATIAN ATAU KEHILANGAN HEWAN PELIHARAAN SELAMA MASA PENITIPAN. Undergraduate thesis, Universitas Pembangunan Nasional "Veteran" Jawa Timur.

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Abstract

The rapid growth of the pet boarding service industry (petshop) in Indonesia has been accompanied by an increasing number of cases involving the death and loss of pets during the boarding period. This research examines two main issues: (1) the legal status of pets as objects of ownership under Indonesian civil law, and (2) the mechanisms of civil liability and the forms of compensation that may be granted to pet owners for losses incurred during the boarding period. This study employs a normative juridical legal research method using the statutory approach and the conceptual approach. The findings indicate that pets are formally classified as movable property under Article 509 of the Indonesian Civil Code (KUHPerdata). However, this classification differs from the provisions of Law Number 41 of 2014 on Livestock and Animal Health, which recognize animals as living beings requiring special welfare protection. The civil liability of pet boarding service providers may be established through three legal bases: breach of contract under Article 1243 of the Indonesian Civil Code, tort under Article 1365 of the Indonesian Civil Code, and strict liability under Article 19 of Law Number 8 of 1999 on Consumer Protection. Compensation may include both material and immaterial damages, with the amount of immaterial compensation determined by the court based on the principle of ex aequo et bono. Standard clauses that limit or exclude the liability of business actors are null and void pursuant to Article 18 of the Consumer Protection Law. Settlement of disputes through the Consumer Dispute Settlement Agency (BPSK) or the district court is recommended over informal negotiation, as the latter has often resulted in compensation that is disproportionate to the losses suffered.

Item Type:

Thesis (Undergraduate)

Contributors: