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Original Research

JURIDICAL REVIEW OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE LEASING AGREEMENT

DANI KUSTONI 1, BUDI SANTOSO 2, and SITI MALIKHATUN 3.

Vol 18, No 12 ( 2023 )   |  DOI: 10.5281/zenodo.10369211   |   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: 849-862   |   Published on: 13-12-2023

Abstract

The purpose of this study is to analyze: 1) What is the process of Leasing Agreement? 2) What is the juridical review of the rights and obligations of the parties to the Leasing agreement?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1)  The process of Leasing agreement includes two stages, including: a. Pre-contractual stage (before the occurrence of the agreement) includes: Negotiation (bargaining), Confirmation (notification), Feasibility evaluation, Decision; b. Contractual Stage (occurrence of agreement), At this stage is a series of activities for signing an agreement by the prospective lessee with the lessor. The signing of the agreement is a sign that the prospective lessee has agreed on the content of the standard agreement that has been made by the lessor. At this stage, both parties have agreed to exercise their respective rights and obligations in accordance with the content of the agreement. 2) Article 1338 paragraph (1) of the Indonesian Civil Code regarding agreements applies as law to the parties, meaning that 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.


Keywords

Review, Juridic, Rights, Obligations, Parties, Leasing Agreement.