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VOL. 9, ISSUE 1 (2023)
Legal reconstruction of fiduciary collection imposition in lease financing agreements to realize just and legal leasing agreements
Authors
Gunarto, Tajuddin Noor, Anis Mashdurohatun
Abstract
The purpose of this study is to find out the weaknesses of the regulation on the imposition of fiduciary guarantees on current leasing agreements, as well as to find out the legal reconstruction on the imposition of fiduciary guarantees to realize fair and legal leasing agreements. From the research results it can be seen that the regulation regarding the imposition of fiduciary guarantees in leasing agreements has not been based on the value of justice and legal certainty for the parties in accordance with the principles of the agreement, the concept of leasing, and the principle of fiduciary guarantees. The weakness in imposing fiduciary guarantees is that the process for providing guarantees is not in accordance with the legal principles of fiduciary guarantees in the case of parties entitled to provide fiduciary guarantees. Reconstruction of regulations on the imposition of fiduciary guarantees on leasing agreements, namely in Article 3 paragraph (1) PMK No. 84 of 2006 stipulates that the use of option rights can only be carried out at the beginning of a leasing agreement, Article 3 paragraph (2) objects that can be used as objects of transactions are objects in the form of capital goods and Article 3 paragraph (3) stipulates that the imposition of fiduciary guarantees can only be carried out by the lessee on goods the property of the lessee.
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Pages:226-230
How to cite this article:
Gunarto, Tajuddin Noor, Anis Mashdurohatun "Legal reconstruction of fiduciary collection imposition in lease financing agreements to realize just and legal leasing agreements". International Journal of Law, Vol 9, Issue 1, 2023, Pages 226-230
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