CHARACTERISTICS OF THE CONTRACT OF SALE AND LEASE BACK LEASING WITH LESSEES LAND AND BUILDING AS OBJECT OF THE CONTRACT.
- Doctoral Candidate in Law, of the Faculty of Law Universitas 17 Agustus 1945 Surabaya-Indonesia.
- Emeritus Professor in Law at UniversitasAirlangga, Surabaya-Indonesia.
- Associate Professor in Law and the Head of the Postgraduate (Ph. D) Program in Law at the Faculty of Law Universitas 17 Agustus 1945 Surabaya-Indonesia.
- Abstract
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The rapid development in industry and trade in Indonesia must have been dictated by its laws and regulations. One of these laws is sale and lease back leasing in with lessee?s land and building is used as the object of the contract that are now utilised by many companies to fulfilled their capital. The legal nature of the concept of a sale and lease back leasing is a contract. The research has found that the concept of sale and lease back leasing with the lessee?s land and building used as an object by a financial institution for a collateral. This finding is the unearth by analyzed using Legal Justice Theory, Legal Certainty Theory, and Utilitarian Theory. There has also stages in the contract namely pre-contract stage, contract stage, and post-contract stage.The characteristics of sale and lease back leasing agreement with lessee?s land and building were also analyzed using the Contract Theory. As a financial institution in which the lessee sells his land and buildings to the lessor and later the lessor leases it to the lessee. There are principles of contract applicable in the lease agreement i.e., the principles of the contract, the principle of consensualism, the principle of personnel, the principle of good faith, principle of pactasuntservanda, principle of trust, principle of binding strength, principle of equality in law, principle of balance, principle of legal certainty, moral principle. To support those principles there have also been applied some legal requirements of the contract. Comparing it to the similar types of contract, the sale and lease back leasing is almost having the same characteristics with leasing itself, debt contract, sale and purchase contract, and collateral agreement.As a conclusion, the results of the research as mentioned above, we know that the concepts and characteristics of the sale and lease back leasing is a contract with lessee's land and buildings could be used as an object of the contract. The research has made suggestions, among other things, for the users of the financial institution to use it accordingly to benefit the community as a whole.
- Subekti, dan R. Tjitrosudibio, KitabUndang-UndangHukumPerdata, CetakanKetigapuluhDelapan, PradnyaParamita, Jakarta, 2007.
- Djoko Soepadmo, TehnikPembuatanAkta Seri B-4 BagianKedua, CetakanKedua, Bina Ilmu Surabaya, 1995.
- FajarSugianto, HukumKontrak, Setara Pers, Malang, 2014.
- Isnaeni, PengantarHukumJaminanKebendaan, Revika Petra Media, Surabaya, 2016.
- NatsirAsnawi, AspekHukumJanjiPrakontrak, UII Press Yogyakarta, Yogyakarta, 2018.
- EndangPrasetyawati, MetodePenelitian Hukum, CetakanPertama, FakultasHukumUniversitas 17 Agustus 1945, Surabaya, UntagPress, Surabaya, 2010.
- AngkyTisnadisastra,Bentuk dan Mekanisme Leasing di Indonesia, Varia Peradilan, MajalahHukum, Tahun II No. 16, Januari 1987.
- GaniDjemat, Soal-soalHukum yang Dihadapi oleh Industri Leasing Indonesia, Varia Peradilan, Majalah Hukum Tahun II No. 16, Januari 1987.
- KartiniMuljadi, Perjanjian-Leasing, Varia Peradilan, Majalah Hukum Tahun II No. 16, Januari 1987.
- Mohamad IdwanGanie, Kontrak Leasing, Varia Peradilan, Majalah Hukum Tahun II No. 16, Januari 1987.
[Rachmat Harjono Tengadi, Moch. Isnaeni And Hj. EndangPrasetyawati. (2019); CHARACTERISTICS OF THE CONTRACT OF SALE AND LEASE BACK LEASING WITH LESSEES LAND AND BUILDING AS OBJECT OF THE CONTRACT. Int. J. of Adv. Res. 7 (May). 233-239] (ISSN 2320-5407). www.journalijar.com
