VEHICLE MAINTENANCE : LEGAL CHALLENGES TO THE RISK OF BATTERY MALFUNCTION

Abstract

The rapid growth of electric vehicles (EVs) in Indonesia, recording 43,188 battery electric vehicle (BEV) sales in 2024 and a 49% increase in 2025, brings complex legal consequences, particularly regarding battery malfunction risks. Battery malfunctions, especially the thermal runaway phenomenon in lithium-ion cells, have the potential to cause significant loss of life and property. This study aims to analyze the forms of civil liability in the context of electric vehicle maintenance against battery malfunction risks, and to identify the legal challenges faced within the Indonesian legal system. The research method employed is normative juridical with statutory, conceptual, and comparative approaches. The results show that civil liability for EV battery malfunction can be based on three main legal foundations: (1) product liability based on the strict liability principle regulated in Law Number 8 of 1999 on Consumer Protection; (2) unlawful acts (onrechtmatige daad) as regulated in Article 1365 of the Indonesian Civil Code (KUHPerdata); and (3) breach of contract in maintenance and warranty agreements. The main challenges identified include difficulties in proving technical causality, the absence of specific regulations comprehensively governing EV battery safety, and low technical supervisory capacity of state institutions. This study recommends the need for specific regulations on EV battery safety standards, strengthened oversight mechanisms, and harmonization of laws with international standards