HUKUM PERJANJIAN : PERJANJIAN LEASING

Summary

In this video, Siti Badriah discusses the concept of leasing agreements, which are widely practiced in daily life. She explains the basic principles of leasing, including the key components such as lessors, lessees, leasing objects, payment terms, residual values, and options for lessees. The video covers two main types of leasing: finance lease and operating lease. Badriah also clarifies that leasing agreements are not specifically regulated in Indonesia's Civil Code but are based on the principle of freedom of contract. The video offers insights into the legal framework and operational aspects of leasing agreements.

Takeaways

• 😀 Leasing is a form of financing where goods are provided for use by the lessee for a specified period based on periodic payments.
• 😀 The key elements of a leasing agreement include the lessor (provider), lessee (user), leased object (capital goods), periodic payments, residual value, option rights, and lease period.
• 😀 There are two main types of leasing: finance lease (with option rights) and operating lease (without option rights).
• 😀 In a finance lease, the economic risks related to the leased object fall on the lessee, while in an operating lease, the risks lie with the lessor.
• 😀 The lessor is typically a financing company that provides capital goods for use, while the lessee is the individual or company utilizing those goods for business purposes.
• 😀 Capital goods in a leasing contract refer to tangible assets used for business activities, such as machinery, vehicles, and equipment.
• 😀 The term 'capital goods' is defined as items used for conducting business, and they must be used for profit-making activities.
• 😀 A lease agreement in Indonesia is not specifically regulated in the Civil Code and is categorized as an innominate (unnamed) contract.
• 😀 The principle of freedom of contract allows individuals and businesses in Indonesia to engage in leasing agreements without specific laws governing them.
• 😀 Although leasing agreements are not explicitly regulated in the Civil Code, they are still subject to the general rules of contract law, such as those found in Articles 1319 and others in the Civil Code.

Q & A

What is leasing and why is it important in daily life?

Leasing, or 'sewa guna usaha', is a financing method where goods are provided for use over a specified period with periodic payments. It is important in daily life because it allows individuals and businesses to acquire assets without having to purchase them upfront, making it more affordable to use essential items.

What are the key elements of a leasing agreement?

The key elements of a leasing agreement are: 1) Lessor (the provider of the asset), 2) Lessee (the recipient of the asset), 3) Leased object (the goods provided for use), 4) Payment terms (periodic payments), 5) Residual value (value of the asset at the end of the lease), 6) Option right (the lessee's option to purchase or return the asset), and 7) Lease period (the duration of the lease).

What is the difference between a finance lease and an operating lease?

A finance lease (leasing with an option) transfers the economic risk of the leased object to the lessee. In contrast, an operating lease (leasing without an option) leaves the economic risk with the lessor, resembling a regular rental agreement.

Who are the main parties involved in a leasing agreement?

The main parties involved in a leasing agreement are the lessor, who provides the asset, and the lessee, who receives the asset and uses it, typically for business purposes.

What is meant by 'residual value' in a leasing agreement?

Residual value refers to the value of the leased asset at the end of the lease period, which is agreed upon at the start of the agreement. It represents what the asset is estimated to be worth when the lease ends.

What is the 'option right' in a leasing agreement?

The option right in a leasing agreement gives the lessee the choice to either purchase the leased asset, return it, or extend the lease agreement at the end of the leasing period.

How does the concept of 'freedom of contract' apply to leasing in Indonesia?

In Indonesia, the concept of 'freedom of contract' allows parties to freely enter into a leasing agreement without the need for a specific legal framework. This principle underlies the practice of leasing even though there is no dedicated regulation for leasing in the Civil Code.

Is leasing specifically regulated in the Indonesian Civil Code?

No, leasing is not specifically regulated in the Indonesian Civil Code. However, it is governed by the general principles of contract law, which apply to all types of agreements, including leasing agreements.

What is the legal classification of a leasing agreement in Indonesia?

Leasing agreements in Indonesia are considered 'innominate contracts' (contracts without a specific name), meaning they are not explicitly named in the Civil Code. However, they are subject to the general contract law principles in the Code.

What are the main legal principles that govern leasing agreements in Indonesia?

Leasing agreements in Indonesia are governed by the general principles of contract law, which are found in the Indonesian Civil Code. These principles ensure that all contracts, including leasing agreements, adhere to rules regarding consent, object, cause, and other basic contractual terms.