Manuscript Title:

FORMULATING MOVABLE PROPERTY GUARANTEE ARRANGEMENTS IN LEASING AGREEMENTS IN INDONESIA

Author:

HILMAN WIJAYA, BUDI SANTOSO, SITI MALIKHATUN BADRIYAH

DOI Number:

DOI:10.5281/zenodo.10203221

Published : 2023-11-23

About the author(s)

1. HILMAN WIJAYA - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. BUDI SANTOSO - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. SITI MALIKHATUN BADRIYAH - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Formulate movable property guarantee arrangements in leasing agreements in Indonesia. The purpose of this study is to analyze: 1) how is the imposition of movable property guarantees in leasing agreements in Indonesia currently in Indonesia? 2) To know and analyze the background, it is necessary to formulate movable property guarantee arrangements in leasing agreements in Indonesia. 3) To make an ideal formulation of fiduciary guarantee arrangements in leasing agreements in Indonesia that can provide legal certainty and protection for the parties? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Leasing in Indonesia began in the 1970s, precisely in 1973 and only received formal juridical recognition on February 7, 1974 in the form of a Joint Decree of the Minister of Finance, Minister of Industry and Minister of Trade of the Republic of Indonesia Number Decree 122/MK/2/1974, Number 32/M/SK/2/1974, Number 30/Kpb/I/1974 concerning Leasing Licensing. 2) The fiduciary agreement becomes an integral part of the underlying agreement which Making a fiduciary can be translated as a basis of rights used to transfer ownership rights as stipulated in article 584 of the Civil Code, but the possibility of such transfer of rights is only intended as a guarantee grant, without any actual delivery of the goods or things and such a transfer of rights does not provide all the implications as is also applied to the normal transfer of property rights. 3) In the literature there can be found different types of leasing, which are viewed from several angles. However, the usual difference in leasing can be broadly divided into 2 types, namely: Finance Lease and Operating Lease. Finance Lease is an agreement / contract between
the lessor and lessee that is cancelable for the lessee, which requires the lessor to hand over capital goods whose ownership rights remain with him, to the lessee for use in his company with periodic payments the amount agreed by both parties during a specified period of time


Keywords

Formulating, Arrangement, Guarantee, Movable Objects, Agreement, Leasing, Indonesia.