Legal Literacy - This article discusses the laws that apply in Indonesia in relation to losing a helmet in a parking lot, as well as the steps that can be taken if your helmet goes missing.

Question:

I just lost my helmet in the parking lot. I reported the loss to the parking lot manager, but they said that they were not responsible for the loss. Is this true? What can I do?

Answer:

Losing a helmet in a parking lot is a common occurrence and raises the question of who is responsible for the loss. This article will discuss the laws that apply in Indonesia in relation to losing a helmet in a parking lot, as well as the steps that can be taken if your helmet goes missing.

Previously, Legal Literacy had made a similar article with the title Loss or Damage to Goods in the Parking Lot: Whose Responsibility? Let's look at the previous article first and then continue specifically in this article.

Parking Manager Responsibilities

The responsibilities of parking managers are regulated in several laws and regulations, among others:

  • Article 1365 of the Civil Code (KUHPer) about tort.
  • Article 1706 of the Civil Code on custody agreements.
  • Minister of Transportation Regulation Number 15 of 2022 concerning the Implementation of Public Motor Vehicle Parking Lots.

Based on this regulation, parking managers are required:

  • Provide a safe and secure parking lot.
  • Maintain and take good care of visitors' vehicles and belongings.
  • Provide receipts to visitors who leave their vehicles.
  • Compensate for loss or damage to vehicles and visitors' belongings.

Furthermore, based on Article 1706 of the Civil Code (KUHPer), the parking lot manager as a trustee is obliged to maintain and return the entrusted goods (motorcycles) in their original state when they were entrusted. This includes helmets kept on the bike or in the helmet storage provided by the parking lot.

However, there are some exceptions:

  • The parking manager is not responsibleif the loss of the helmet occurs due tothe owner's negligence, such as not locking the motorcycle properly or not leaving the helmet in the place provided.
  • The parking manager is alsonot responsibleif the loss of a helmet occurs due toextraordinary events, such as natural disasters or riots.