Legal Liability Forms of Parking Operators for Motor Vehicle Damage or Loss in Kupang City

Purpose: This study analyzes the legal liability of parking service operators for vehicle damage or loss at on-street parking facilities in Kupang City, East Nusa Tenggara. Despite Perda No. 15/2011 governing parking fees, it lacks provisions on operator liability, leaving vehicle owners without legal recourse.

Research Methodology: A juridical-empirical (socio-legal) approach was used, combining interviews with operators, users, and law enforcement, field observations, and documentation review. Secondary sources included statutory instruments, court decisions, and academic literature, with source triangulation applied. Analysis integrated civil law (KUHPerdata), criminal law (KUHP), consumer protection law, and regional regulations.

Results: Parking operators bear civil liability under KUHPerdata Articles 1365–1367 and criminal liability under KUHP Articles 362, 406(1), and 56(2) when negligence or facilitation occurs. Standard ticket clauses disclaiming liability are invalid. Perda No. 15/2011 fails to regulate operator liability, creating a legal gap that allows operators to avoid accountability.

Conclusions: Operators are both civilly and criminally liable for vehicle damage or loss, but regulatory gaps limit enforceability. Revision of regional regulations is needed to include explicit liability, consumer protection, and insurance requirements.

Limitations: The study is limited to Kupang City on-street parking, using case data from 2014–2017, and regulatory changes may have occurred since.

Contributions: This study provides the first systematic juridical-empirical analysis of parking operator liability in Kupang, offering a civil-criminal liability framework and concrete recommendations for regulatory reform.