IDEAL CONSTRUCTION OF LEGAL PROTECTION FOR THE LESSOR IN THE LEASING OBJECT IF THE LESSEE DEFAULTS
Ideal construction of legal protection for the lessor in the leasing object if the lessee defaults. The purpose of this study is to analyze: 1) What is the form of legal protection against lessors for defaults made by the lessee in the current leasing financing agreement? 2) Why is the construction of legal remedies made by the lessor for default made by the lessee in the current leasing financing agreement less than ideal? 3) How to construct the ideal legal protection of the lessor in the leasing object if the lessee defaults. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The relationship between the Lessor and the Lessee is a reciprocal relationship, concerning the implementation of obligations and the transfer of a right or demand for obligations from the enjoyment of using financing facilities, for that between the Lessor and the Lessee a financial lease agreement is made/lease contract or a financing agreement. 2) The types of financing that are usually used in the practice of leasing agreements are the types of financial lease and operating lease. In the type of financial lease, the regulation regarding responsibility for the object of the lease agreement is entirely borne by the lessee, including all risks arising from the use of the object, while in the operating lease, the arrangement regarding responsibility for the object of the lease agreement is entirely borne by the lessor, including any risks arising from the use of the object. 3) If there is a default on the part of the lessee, the lessor has the right to take back the lease object that is in power. The event of default charged to the lessee gives rise to the right for the lessor to terminate the leasing agreement concerned. And according to article 1266 of the Civil Code, it is determined that even if a void condition has been included in a reciprocal agreement, and one of the parties does not fulfill its obligations, but the termination of a unilateral mutual agreement must be carried out by a judge's decision.
Construction, Ideal, Legal Protection, Lessor, Leasing Object, Default.