Abstract
There are several facilities provided by financing institutions, until now leasing has become the most frequently used facility by the community. Leasing is a type of fiduciary guarantee, where in the agreement Customer Financing must pay an installment fee against the fiduciary guarantee object until the object can be said to be paid off. In practice, it is often found that Customer Financing defaults with discontinued installments and does not provide voluntary collateral objects to financing institutions. Thus, the dispute of default must be resolved immediately so that it does not take a long time, this financing institution is assisted by a third party, namely debt collectors. However, the passing of Supreme Court Decision No. 18/PUU-XVII/2019 the procedure of execution of the object of bail must now be taken by court process. In addition to the court process is considered relatively long, the value of the object of guarantee also continues to decrease over time, then in this case the financing institution becomes the aggrieved party. Therefore, research is needed so that there is no inequality of rights. This research is conducted with a juridical-normative approach and doctrinal law, with data collection techniques in document studies and leasing staff interviews, and analyzed qualitatively. To increase effectiveness in the implementation of execution rights and avoid losses that are always borne by financing institutions, it requires firm enforcement and optimization of default dispute resolution carried out by Customer Financing.
Highlights
Global economic development forces each country to devise policies that can accelerate the economic growth of a country itself
One of the journals entitled "Implementation of Legal Protection Against Lessors in Leasing Agreements (Leases For Business)" by Jafar in 2004 at Diponegoro University which stated that the actions that can be taken by Customer Financing in convincing Lessor regarding its eligibility to obtain leasing facilities limited to the completeness of the requirements submitted / examined at the time of the survey by Lessor,the conclusion of existing eligibility only darninistrasi the fulfillment of the conditions of application, in the field of supervision in the leasing agreement was not found because it was never promised, the mechanism of dispute resolution of open and can be on the side of the parties who are the response of balk faith to resolve the problem. (Jafar, 2004)
There is a series of procedures that must be taken by the Lessor first in the process of resolving the default Customer Financing action, namely providing a confirmation warning, providing credit discretion, to confiscate the object of the guarantee with the help of a third party or debt collector
Summary
Global economic development forces each country to devise policies that can accelerate the economic growth of a country itself. Leasing has become a popular alternative to buying as a means for consumers to get and use cars, furniture, and other durable goods. Leasing is carried out by involving financing institutions (Lessors)who provide capital goods for use by otherparties (CustomerFinancing)in exchange for payment(periodic)or installments given a certain period of time, until the installment can be said to be paid off. The leasing facility did not experience encroachment, in 1980 there were only 5 leasing companies, in 1981 increased to 8 companies, and until the end of 1984 counted as many as 48 companies. This shows a significant increase in leasing facilities, with the growing numberof companies, the increase in the number of leasing contracts running, which is rp. Until now the regulations on leasing only cover aspects of administrative juridical and tax treatment of leasing businesses in the form of Presidential Decrees and Decrees of the Minister of Finance. (Waode, 2018, p. 748)
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