Juridical Review of Motor Vehicles Part of the Object Paid as Security Under Indonesian Law

A Motorcycle is a type of motor vehicle that has two or three wheels, without a roof or cabin, with or without sidecars (in accordance with PP No. 44 of the year 1993). Motorcycles are the largest component contributing to mobility and traffic on public roads. There is confusion regarding the collateral object in pawn, whether it is the object itself or only the ownership rights handed over to the pawn receiver. This confusion is evident when comparing a pawn with its object, where the object involved is a motorcycle, but what is handed over is the Vehicle Registration Certificate (BPKB), not the motorcycle itself. This research uses a normative juridical research method, which is a method of research by examining problems based on literary materials covering research on legal principles, legal systematic, vertical and horizontal synchronization level, and legal history. This approach refers to existing literature studies and secondary data. In practice, the collateral object for a motor vehicle pawn allows the debtor to hand over only the ownership rights or what is commonly called BPKB. Clearly, this violates Article 1150 of the BW, as what should be handed over as collateral by the pawner to the pawn receiver is the motor vehicle itself, not just its ownership rights.