Manuscript Title:

CONSTRUCTION OF FIDUCIARY GUARANTEE ARRANGEMENTS IN LEASING AGREEMENTS IN BUSINESS FINANCING

Author:

INDRA GUNAWAN, BUDI SANTOSO, SITI MALIKHATUN B

DOI Number:

DOI:10.5281/zenodo.10203225

Published : 2023-11-23

About the author(s)

1. INDRA GUNAWAN - 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 B - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The construction of the Fiduciary Guarantee Arrangement in the Leasing Agreement in Business Financing aims to review; 1) How is the review in the leasing agreement mechanism on the objects encumbered by fiduciary guarantees?; 2) How is the lessor's effort in executing the leasing object encumbered with fiduciary guarantee?; 3) What is the ideal construction of the fiduciary guarantee arrangement in the leasing agreement in business financing?. The research method used is normative juridical research, which is research focused on examining the application of rules or norms in positive law. The results showed that; 1) The leasing agreement is actually similar to an ordinary lease agreement as stipulated in Article 1548 to Article 1600 of the Civil Code (Staatsblad 1847 Number 23, hereinafter referred to as the Civil Code) only the object of the lease is different. Leasing only specializes in capital goods, namely goods needed for business activities. In a lease agreement, the object is goods in general, be it goods for production or goods for consumption. 2) Various alternative ways of execution of fiduciary guarantees can be performed. The implementation of executory title provisions is a method that is often used by creditors in this case, namely leasing financing institutions if the debtor has defaulted or defaulted to execute a motor vehicle that is used as the object of fiduciary guarantee in a financing contract that has been previously made with the debtor. 3) The ideal construction of the fiduciary guarantee arrangement in the leasing agreement in business financing is that the lessor needs to seek several actions as a form of legal protection in carrying out execution. Namely, the legal protection is in the form of preventive protection and repressive protection


Keywords

Construction, Arrangement, Assurance, Fiduciary, Agreement, Leasing, Business Financing.