Juridical Analysis Of The Principle Of Law Agreement In The Leasing Agreement And Legal Protection For The Parties (Study At PT. Adi Sarana Armada)

Feb 27, 2025 by ADMIN 148 views

Juridical Analysis of the Principle of Law Agreement in the Leasing Agreement and Legal Protection for the Parties (Study at PT. Adi Sarana Armada)

Introduction

In Indonesia, lease institutions or leasing are one form of popular financing institutions. The emergence of leasing as a company financing activity is based on increasingly complex economic demands. The facilities provided by the leasing company provide convenience for consumers who lack capital to buy their business support tools. Thus, leasing is an effective alternative solution to meet the business needs of the lessee.

The leasing agreement is a type of agreement that involves several parties, including lessors, lessees, suppliers, and creditors. However, the lessor and lessee are the most important parties in this agreement. The object in the leasing agreement can be in the form of tangible fixed assets, such as motorized vehicles, in this case the car.

Risks and Obstacles in Leasing Agreement

Leasing Agreement conducted by PT. Adi Famar Fleet (Assa) Medan often faces risks and obstacles, especially those caused by default or the inability of one of the parties to fulfill their obligations in accordance with the agreement. To overcome these risks and obstacles, PT. Adi Sarana Fleet (ASSA) as a lessor can take several strategic steps, including:

Determination of Fine Sanctions: Include a fine sanction clause in the leasing agreement, which will be imposed on those who carry out the default. It aims to provide a deterrent effect and encourage the parties to fulfill their obligations in a timely manner.
Determination of Guarantee: Asking the lessee to provide guarantees as a form of protection for the lessor. This guarantee can be in the form of cash, valuable assets, or other guarantees agreed upon. This guarantee serves as an asset that can be used to cover the losses of the lessor if the lessee does the default.
Withdrawal of Leasing Goods: If the lessee continues to make a default, the lessor has the right to withdraw the leasing goods that have been given. This is the right given to the lessor to protect his assets and minimize losses.
Filing a lawsuit to court: As a last effort, the lessor can file a lawsuit to court if previous efforts were not successful. Through legal channels, the lessor can demand compensation for the losses he experienced due to lessee default.

Juridical Aspects of the Leasing Agreement and Legal Protection for the Parties

The leasing agreement is subject to the agreement law as stipulated in Article 1313 The Civil Code (Civil Code), which states that the agreement is an act with which one or more person binds himself to one or more other people.

In the context of the leasing agreement, there are several legal principles that are important to understand:

The principle of freedom of contract (pacta sunt servanda): The parties are free to determine the contents of the agreement and choose the party to be invited to transact.
Good faith principles (good faith): The parties in the leasing agreement are obliged to be honest, open, and mutual respect in carrying out the agreement.
The principle of legal certainty: The leasing agreement must be made clearly, completely, and does not cause double interpretation in order to create legal certainty for the parties.

Legal Protection for the Parties

The Leasing Agreement provides legal protection to the parties involved, both the lessor and the lessee.

Legal Protection for Lessor

The right to demand compensation: If the lessee does the default, the lessor has the right to demand compensation for the losses they have experienced.
The right to withdraw the leasing goods: Lessor has the right to withdraw the leasing goods if the lessee does not fulfill its obligations.
The right to file a lawsuit to the court: Lessor can file a lawsuit to the court if the resolution effort outside the court was unsuccessful.

Legal Protection for Lessee

The right to use leasing goods: Lessee has the right to use leasing goods in accordance with the agreed agreement.
The right to get legal certainty: Lessee has the right to get legal certainty related to its rights and obligations in the leasing agreement.

Conclusion

The leasing agreement is a form of agreement that has an important role in the business world. Understanding the juridical aspects and legal principles that underlie the leasing agreement is very important to ensure that the agreement is legitimate and legally binding. By understanding the rights and obligations of each party, the lessor and lessee can protect themselves from the risks and obstacles that may arise in the leasing agreement. Through efforts to prevent and resolve an effective dispute, the leasing agreement can run smoothly and mutually beneficial for both parties.

Recommendation

Based on the analysis of the juridical aspects and legal principles of the leasing agreement, it is recommended that:

The lessor and lessee should clearly understand their rights and obligations in the leasing agreement.
The leasing agreement should be made clearly, completely, and does not cause double interpretation in order to create legal certainty for the parties.
The lessor should take strategic steps to prevent and resolve disputes, such as determination of fine sanctions, determination of guarantee, withdrawal of leasing goods, and filing a lawsuit to court.
The lessee should fulfill its obligations in accordance with the agreed agreement and provide guarantees as a form of protection for the lessor.

By following these recommendations, the leasing agreement can run smoothly and mutually beneficial for both parties.
Frequently Asked Questions (FAQs) about Juridical Analysis of the Principle of Law Agreement in the Leasing Agreement and Legal Protection for the Parties

Q: What is the leasing agreement?

A: The leasing agreement is a type of agreement that involves several parties, including lessors, lessees, suppliers, and creditors. However, the lessor and lessee are the most important parties in this agreement. The object in the leasing agreement can be in the form of tangible fixed assets, such as motorized vehicles, in this case the car.

Q: What are the risks and obstacles in the leasing agreement?

A: Leasing Agreement conducted by PT. Adi Famar Fleet (Assa) Medan often faces risks and obstacles, especially those caused by default or the inability of one of the parties to fulfill their obligations in accordance with the agreement.

Q: What are the strategic steps that can be taken to overcome the risks and obstacles in the leasing agreement?

A: The lessor can take several strategic steps, including:

Determination of Fine Sanctions: Include a fine sanction clause in the leasing agreement, which will be imposed on those who carry out the default.
Determination of Guarantee: Asking the lessee to provide guarantees as a form of protection for the lessor.
Withdrawal of Leasing Goods: If the lessee continues to make a default, the lessor has the right to withdraw the leasing goods that have been given.
Filing a lawsuit to court: As a last effort, the lessor can file a lawsuit to court if previous efforts were not successful.

Q: What are the juridical aspects of the leasing agreement?

A: The leasing agreement is subject to the agreement law as stipulated in Article 1313 The Civil Code (Civil Code), which states that the agreement is an act with which one or more person binds himself to one or more other people.

Q: What are the legal principles that are important to understand in the leasing agreement?

A: In the context of the leasing agreement, there are several legal principles that are important to understand, including:

The principle of freedom of contract (pacta sunt servanda): The parties are free to determine the contents of the agreement and choose the party to be invited to transact.
Good faith principles (good faith): The parties in the leasing agreement are obliged to be honest, open, and mutual respect in carrying out the agreement.
The principle of legal certainty: The leasing agreement must be made clearly, completely, and does not cause double interpretation in order to create legal certainty for the parties.

Q: What are the legal protections for the parties in the leasing agreement?

A: The leasing agreement provides legal protection to the parties involved, both the lessor and the lessee. The lessor has the right to demand compensation, withdraw the leasing goods, and file a lawsuit to the court. The lessee has the right to use leasing goods, get legal certainty, and fulfill its obligations in accordance with the agreed agreement.

Q: What are the recommendations for the lessor and lessee in the leasing agreement?

A: Based on the analysis of the juridical aspects and legal principles of the leasing agreement, it is recommended that:

The lessor and lessee should clearly understand their rights and obligations in the leasing agreement.
The leasing agreement should be made clearly, completely, and does not cause double interpretation in order to create legal certainty for the parties.
The lessor should take strategic steps to prevent and resolve disputes, such as determination of fine sanctions, determination of guarantee, withdrawal of leasing goods, and filing a lawsuit to court.
The lessee should fulfill its obligations in accordance with the agreed agreement and provide guarantees as a form of protection for the lessor.

Q: What are the benefits of understanding the juridical aspects and legal principles of the leasing agreement?

A: Understanding the juridical aspects and legal principles of the leasing agreement can ensure that the agreement is legitimate and legally binding. By understanding the rights and obligations of each party, the lessor and lessee can protect themselves from the risks and obstacles that may arise in the leasing agreement. Through efforts to prevent and resolve an effective dispute, the leasing agreement can run smoothly and mutually beneficial for both parties.