Overview

Original Research

THE BASIC CONSTRUCTION OF THE LEGAL RELATIONSHIP BETWEEN THE PARTIES IN LEASING FINANCING IS VIEWED FROM THE LEVEL OF REGULATION AND THEORY

SUGIANTO MARWEKI 1, BUDI SANTOSO 2, and SITI MALIKHATUN 3.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10205672   |   Author Affiliation: Doctoral Program in Law, 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: 1189-1202   |   Published on: 25-11-2023

Abstract

The basic construction of the legal relationship between the parties in leasing financing is viewed from the level of regulation and theory. The purpose of this study is to analyze: a. To what extent is Leasing financing able to provide benefits as an alternative to company financing in the form of providing capital goods?; b. How far is the government's attention in providing regulations in the field of corporate financing in the form of Leasing?; c. How is the basic construction of the legal relationship between the parties built with practical regulations made by the government, how is it studied in theoretical aspects? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: a) in general, leasing means financing equipment/capital goods to be used in the production process of a company, either directly or indirectly. Leasing is a financing activity through the provision of capital goods to be used by a company (debtor or lessee) for a certain period of time, and Leasing is also based on periodic financing accompanied or without the right of choice from the company to buy the capital goods concerned to extend the Leasing periodIt is based on a mutually agreed residual value. b) Leasing has received attention from the Indonesian government. This is evidenced by the issuance of the Civil Code and the Joint Decree of Three Ministers: Minister of Finance, Minister of Trade and Minister of Industry in 1974 concerning Leasing activities. C) The legal relationship between the lessor, supplier and lessee is that the lessor provides the cost of purchasing goods in cash to the supplier. The supplier delivers the goods to the lessee. After the lessee acquires the goods, he makes a lease payment to the lessor. Meanwhile, regarding the mechanism so that legal relations occur between the parties, namely lessors, lessees, and suppliers

Keywords

Construction, Leasing, Law, Financing, Regulation, Theory.