Azas Keseimbangan Terhadap Praktek Perjanjian Sewa Beli pada Lembaga Pembiayaan (Finance)

Hamzah, Rosyidi and Ayunda, Sridevi (2022) Azas Keseimbangan Terhadap Praktek Perjanjian Sewa Beli pada Lembaga Pembiayaan (Finance). Journal Equitable, 7 (2). pp. 229-248. ISSN 2614-2643

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Abstract

Society develops with the times. Business patterns have also changed to accompany the changes that occur in society. The practice of buying and selling is mostly done by financial institutions in running their business. The lease purchase stands on an agreement that has been agreed upon by the parties. The debtor (lessee) is required to pay installments in the form of rent money to the creditor (who provides the lease) and if the lease purchase installments have been met in accordance with what was agreed upon, the object that is the object of the lease purchase will automatically be purchased by the debtor (lessee). The transfer of ownership rights to a lease purchase occurs after the lease installments are completed, as long as the lease installments have not been completed, the ownership rights are still with the creditor (who provides the lease). If the debtor (tenant) defaults in paying the lease installments, the creditor (who provides the lease) can withdraw the leased object anytime and anywhere because the leased object still belongs to the creditor (who provides the lease). The problem that occurs in the lease purchase agreement is that when the debtor (tenant) defaults and the object of lease is withdrawn by the creditor (who provides the lease), the debtor (lessee) no longer has the right to the installments of the rent he has paid so far. So that the hope of the debtor (tenant) to own the object is lost and the rental installments are also lost. In this type of lease-purchase practice it is very detrimental to the debtor economically, because what has been repaid so far is in the form of rent, the rent is forfeited and the object for rent is withdrawn by the creditor. The practice of buying and selling does not reflect the balance of rights and obligations of the parties. Therefore the debtor (tenant) must get legal protection for the position of the lease installments that have been paid. The balance in the lease purchase agreement must be applied in the lease purchase agreement. The legal vacuum in the practice of leasing must be filled by creating a new law in the field of leasing

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