Year: 2025
Type: article
Abstract: Ownership rights in the Indonesian legal system are included in the civil law discourse, so property rights were also known as civil rights. However, motorized vehicles included in the registered movable objects category have a different legal status; civil legal and administrative legal statuses are also attached because they must be registered. So, there is a legal dualism between administrative ownership and factual/civil legal ownership. Departing from these legal issues, this research aims to find a concrete form of motorized vehicles' legal status as registered movable objects through critical legal theory. This research used normative research methods with a statutory approach. This research finds that the legal status of motorized vehicles as registered movable objects gives rise to legal uncertainty and injustice in the ownership rights recognition. Then, based on the framework of justice critical legal theory, this dualism reflects the bias of the legal system which tends to strengthen state dominance in regulating ownership of movable goods. This creates legal injustice for the lower middle class or rural communities. Therefore, there is an absolute need for definite legal reform, protection of the rights of motor vehicle owners, and transparency of information for upholding substantive justice.
Source: Problems of Legality
Institution: University of Brawijaya
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410448691