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Original Research

LEASING; BENEFITS, PUBLIC PERCEPTION, REGULATION AND FAIRNESS FOR CONSUMERS

BAYU WICAKSONO 1, BUDI SANTOSO 2, and SITI MALIKHATUN B 3.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10205612   |   Author Affiliation: Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1066-1079   |   Published on: 25-11-2023

Abstract

Leasing; benefits, public perception, regulation and fairness for consumers. The purpose of this study is to analyze: 1) How is leasing beneficial for the user community and how is the public understanding of leasing?; 2) How does the government provide regulations that are able to balance the interests of the parties in  leasing transactions?; 3) How to mean fairness for consumers in leasing  transactions for lessors and lessees? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: a) Leasing is defined as financing activities in the form of providing capital goods, both by lease with option rights (Finance Lease) and lease without option rights (Operating Lease), to be used by Lessee for a certain period of time based on periodic payments (installments. b) The rights and obligations contained in the leasing agreement are contained in Article 1338 paragraph (1) of the Indonesian Civil Code regarding agreements that apply as law to the parties. The agreement has binding and coercive force and provides legal certainty for the parties who make it. So that the parties must obey the agreement the same as obeying the law or in other words the parties must carry out the rights and obligations contained in the agreement properly. c). If in an agreement, the position of the parties is unbalanced, then the weak party is usually not in a state that is completely free to determine what is desired in the agreement.  Therefore, itis our duty to protect the weak to have a strong position.


Keywords

Leasing, Lease, Use, Law, Justice, Consumer.