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Original Research

LEGAL CONSTRUCTION IN RESOLVING DEFAULTS ON LEASING TRANSACTIONS

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

Vol 18, No 12 ( 2023 )   |  DOI: 10.5281/zenodo.10369195   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 820-833   |   Published on: 12-12-2023

Abstract

The purpose of this study is to analyze: 1) What is the regulation of leasing  law in Indonesia? 2) What are the obstacles faced by the parties to the Leasing transaction? 3) How are Default Resolution Efforts in Leasing Transactions? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The legal basis of Leasing is Presidential Regulation No. 9 of 2009 concerning Financing Institutions and Decree of the Minister of Finance No. 1169/KMK.01/1991 concerning Leasing Activities. This Ministerial Decree entered into force on November 27, 1991 and has retroactive effect from January 19, 1991. With the enactment of this Decree of the Minister of Finance, Decree of the Minister of Finance Number 48/KMK.013/1991 concerning Leasing Activities, is declared invalid. 2)  One of the obstacles in leasing contracts is that the regulations on leasing provisions in Indonesia are still somewhat underestimated, that Indonesia still has not specifically regulated the law containing leasing. This is a wedge or obstacle that is still very worried by the lessor.  3) Thereare several ways that can be used to resolve default disputes arising from both parties, namely by musawarah, making collections, giving summons or reprimands, making claims through district courts or arbitration.


Keywords

Construction, Law, Settlement, Default, Transaction, Leasing.