Legal Settlement Of Problematic Financing In The Leasing Agreement Caused

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Legal Settlement of Problematic Financing in the Leasing Agreement: A Case Study of Mandiri Tunas Finance Medan

Introduction

The COVID-19 pandemic has had a significant impact on various sectors, including the financial sector. One of the affected industries is the leasing industry, which has faced challenges in handling problem financing that arises due to the pandemic. Mandiri Tunas Finance Medan, as one of the finance companies that provides leasing services, has been forced to adapt to these challenges. This article aims to discuss the legal settlement of problematic financing in the leasing agreement, particularly in the context of the pandemic.

Understanding the Leasing Agreement and Confirmation Clause

Leasing, or leasing, is a financing scheme that allows customers to use long-term assets with installment payments. The leasing agreement agreed upon by both parties becomes the legal basis in the implementation of leasing activities. In the context of Mandiri Tunas Finance Medan, the leasing agreement they use contains a clause that overrides Article 1266 of the Civil Code (KUH Civil). This article regulates the debtor's obligation to pay debts to creditors. The assistance clause needs to be further reviewed because it can cause an imbalance of rights and obligations between the leasing party and the customer.

The Leasing Agreement and Its Implications

The leasing agreement is a critical component of the leasing industry, as it outlines the terms and conditions of the leasing arrangement. However, the clause that overrides Article 1266 of the Civil Code can have significant implications for the leasing party and the customer. On one hand, the clause may provide a level of protection for the leasing party by ensuring that the customer pays their debts on time. On the other hand, the clause may also create an imbalance of rights and obligations between the two parties, which can lead to disputes and conflicts.

Looking for Problem Financing Solutions

Mandiri Tunas Finance Medan applies two approaches in completing problem financing:

  1. Solution through court and outside the court:
    • Internal Collector: The company conducts internal billing by sending a summons as a warning to the arrears.
    • Negotiation: Mandiri Tunas Finance Medan opens space to negotiate with customers in finding better payment solutions.
    • External Collector/Debt Collector: If negotiations fail, the company can use the services of a debt collector to withdraw assets that are the object of leasing.
  2. Responding to the impact of Covid-19:
    • Restructuring: In response to the pandemic, Mandiri Tunas Finance Medan implements a restructuring policy by providing a delay in the payment of installments (Grace Period) to customers who are selectively affected. This step is important to maintain the health of the company's financial circulation and help customers who experience difficulties.

Challenges and Need for Comprehensive Solutions

Although the settlement efforts made by Mandiri Tunas Finance Medan, there are still several challenges in dealing with problematic financing in the pandemic period.

  • Legal Risk: The clause of Association Article 1266 of the Civil Code in the Leasing Agreement needs to be evaluated critically to ensure its compliance with the principle of justice and legal certainty.
  • Economic uncertainty: The pandemic has created economic uncertainty that makes it difficult for customers to pay installments on time.
  • Limited Resources: Increasing problem financing cases can burden the company's resources, both in terms of financial and labor.

To overcome these challenges, a comprehensive solution is needed involving related parties, such as:

  • Government: The government needs to issue policies that support the restructuring of leasing financing to help customers affected by the pandemic.
  • Leasing Company: Leasing companies need to re-evaluate the leasing agreement clause and apply a more flexible strategy in dealing with problematic financing.
  • Customer: Customers must communicate actively with leasing companies to find payment solutions that consider their respective conditions.

Conclusion

The COVID-19 pandemic has forced the leasing industry to adapt in handling problematic financing. Case study at Mandiri Tunas Finance Medan shows that the company has made efforts to solve problems through various approaches, including restructuring. However, it is necessary to evaluate a critical evaluation of the leasing agreement and designed a more comprehensive solution to overcome future challenges.

Recommendations

Based on the case study, the following recommendations can be made:

  1. Review the leasing agreement clause: The leasing agreement clause that overrides Article 1266 of the Civil Code needs to be reviewed critically to ensure its compliance with the principle of justice and legal certainty.
  2. Implement a more flexible strategy: Leasing companies need to apply a more flexible strategy in dealing with problematic financing, taking into account the economic uncertainty caused by the pandemic.
  3. Provide support to customers: Leasing companies need to provide support to customers who are affected by the pandemic, such as providing a delay in the payment of installments (Grace Period).
  4. Collaborate with government and other stakeholders: Leasing companies need to collaborate with government and other stakeholders to develop policies and solutions that support the restructuring of leasing financing.

By implementing these recommendations, leasing companies can develop a more comprehensive solution to overcome the challenges of problematic financing in the pandemic period.
Frequently Asked Questions (FAQs) about Legal Settlement of Problematic Financing in the Leasing Agreement

Q: What is the main challenge faced by leasing companies in handling problematic financing?

A: The main challenge faced by leasing companies is the economic uncertainty caused by the pandemic, which makes it difficult for customers to pay installments on time. Additionally, the clause of Association Article 1266 of the Civil Code in the Leasing Agreement needs to be evaluated critically to ensure its compliance with the principle of justice and legal certainty.

Q: What are the two approaches used by Mandiri Tunas Finance Medan in completing problem financing?

A: Mandiri Tunas Finance Medan applies two approaches in completing problem financing:

  1. Solution through court and outside the court: This approach includes internal billing, negotiation, and external collector/debt collector services.
  2. Responding to the impact of Covid-19: This approach includes restructuring by providing a delay in the payment of installments (Grace Period) to customers who are selectively affected.

Q: What is the role of the government in supporting the restructuring of leasing financing?

A: The government needs to issue policies that support the restructuring of leasing financing to help customers affected by the pandemic. This can include providing financial assistance, tax incentives, or other forms of support to leasing companies and customers.

Q: What is the importance of communication between leasing companies and customers in finding payment solutions?

A: Communication is key in finding payment solutions that consider the respective conditions of both parties. Customers must communicate actively with leasing companies to find payment solutions that work for them.

Q: What are the benefits of re-evaluating the leasing agreement clause?

A: Re-evaluating the leasing agreement clause can help ensure its compliance with the principle of justice and legal certainty. This can prevent disputes and conflicts between leasing companies and customers.

Q: What are the limitations of the current leasing agreement clause?

A: The current leasing agreement clause may create an imbalance of rights and obligations between leasing companies and customers. This can lead to disputes and conflicts, and may not provide adequate protection for customers.

Q: What are the potential consequences of not addressing problematic financing in the leasing industry?

A: If not addressed, problematic financing in the leasing industry can lead to a decline in customer trust, increased defaults, and ultimately, a decline in the overall health of the leasing industry.

Q: What are the potential benefits of implementing a more comprehensive solution to problematic financing?

A: Implementing a more comprehensive solution to problematic financing can help prevent disputes and conflicts, improve customer trust, and maintain the overall health of the leasing industry.

Q: What are the key stakeholders involved in addressing problematic financing in the leasing industry?

A: The key stakeholders involved in addressing problematic financing in the leasing industry include leasing companies, customers, government, and other relevant parties.

Q: What are the potential challenges in implementing a more comprehensive solution to problematic financing?

A: The potential challenges in implementing a more comprehensive solution to problematic financing include the need for coordination and collaboration among stakeholders, the need for resources and funding, and the need to address the root causes of problematic financing.

Q: What are the potential benefits of providing support to customers affected by the pandemic?

A: Providing support to customers affected by the pandemic can help maintain customer trust, improve customer satisfaction, and ultimately, maintain the overall health of the leasing industry.

Q: What are the potential benefits of re-evaluating the leasing agreement clause?

A: Re-evaluating the leasing agreement clause can help ensure its compliance with the principle of justice and legal certainty, prevent disputes and conflicts, and maintain the overall health of the leasing industry.