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All Journal Jurnal Bina Praja Majapahit Journal of Islamic Finance dan Management Majapahit Journal of Islamic Finance dan Management
Tegar Raffi Putra Jumantoro
Universitas Jember, Jember, Indonesia
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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LEGAL IMPLICATIONS OF LESSEE BANKRUPTCY ON THE STATUS OF LEASED ASSETS IN INDONESIA Ajeng Kusuma; Emi Zulaika; Tegar Raffi Putra Jumantoro; Nur Alfi Fauziyah
Majapahit Journal of Islamic Finance and Management Vol. 6 No. 2 (2026): Islamic Finance and Management
Publisher : Universitas KH. Abdul Chalim Mojokerto

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Abstract

In a leasing agreement, the lessee acquires the right to use the leased assets with the option to purchase them after the leasing period ends. However, when the lessee goes bankrupt, the problem that arises is regarding the position of the leasing goods in relation to other creditors, considering that all of the lessee's assets, including leased assets that are the object of leasing, can be confiscated to pay off debts. Although leasing agreements have not been regulated in detail in the law, the principles of freedom of contract and an open system contained in the Indonesian Civil Code (KUHPerdata) provide a flexible legal basis for the parties in drafting agreements that govern their rights and obligations. The results of the analysis show that in the case of bankruptcy, the goods that are the object of leasing remain the property of the lessor, although there is a risk to the lessor if the lessee is unable to continue the payments. In this case, the court-appointed receiver has the authority to decide whether the leasing agreement will be continued or terminated. If the agreement is terminated, the lessee must return the goods to the lessor, and the lessor has the right to claim compensation for the losses suffered. While leasing provides and beneficial financing solutions for the business sector, the need for clearer regulations is important to protect the rights of lessors as well as other creditors in a lessee's bankruptcy situation. This aims to minimize the risk of legal conflicts and create stronger legal certainty for all parties involved in the leasing agreement.
LEGAL IMPLICATIONS OF LESSEE BANKRUPTCY ON THE STATUS OF LEASED ASSETS IN INDONESIA Ajeng Kusuma; Emi Zulaika; Tegar Raffi Putra Jumantoro; Nur Alfi Fauziyah
Majapahit Journal of Islamic Finance and Management Vol. 6 No. 2 (2026): Islamic Finance and Management
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In a leasing agreement, the lessee acquires the right to use the leased assets with the option to purchase them after the leasing period ends. However, when the lessee goes bankrupt, the problem that arises is regarding the position of the leasing goods in relation to other creditors, considering that all of the lessee's assets, including leased assets that are the object of leasing, can be confiscated to pay off debts. Although leasing agreements have not been regulated in detail in the law, the principles of freedom of contract and an open system contained in the Indonesian Civil Code (KUHPerdata) provide a flexible legal basis for the parties in drafting agreements that govern their rights and obligations. The results of the analysis show that in the case of bankruptcy, the goods that are the object of leasing remain the property of the lessor, although there is a risk to the lessor if the lessee is unable to continue the payments. In this case, the court-appointed receiver has the authority to decide whether the leasing agreement will be continued or terminated. If the agreement is terminated, the lessee must return the goods to the lessor, and the lessor has the right to claim compensation for the losses suffered. While leasing provides and beneficial financing solutions for the business sector, the need for clearer regulations is important to protect the rights of lessors as well as other creditors in a lessee's bankruptcy situation. This aims to minimize the risk of legal conflicts and create stronger legal certainty for all parties involved in the leasing agreement.
Tanggung Jawab Hukum Penyelenggara Program Makan Bergizi Gratis terhadap Penerima Manfaat Pihak Ketiga dalam Insiden Keracunan Massal Tegar Raffi Putra Jumantoro; Ermanto Fahamsyah
Jurnal Bina Praja Vol 18 No 1 (2026)
Publisher : Research and Development Agency Ministry of Home Affairs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21787/jbp.18.2026.2951

Abstract

This study analyzes the legal responsibility of organizers of the Free Nutritious Meal (MBG) program in Indonesia following nationwide mass poisoning incidents subsequent to its 2025 rollout. It examines weaknesses in food safety oversight, operational compliance, and access to remedies for affected students who lack direct contractual relations with implementing entities. The study aims to determine whether students qualify as intended third-party beneficiaries and to identify the civil liability applicable to the National Nutrition Agency (BGN) and its implementing units. This study employs a normative legal research method using deductive reasoning and combines statutory analysis with literature review. Sources include legislation, academic literature, incident reports, laboratory findings, and program documents collected through systematic library research. The analysis connects legal provisions with empirical evidence to assess coherence between law in books and law in action and to identify normative gaps. The findings indicate that students affected by MBG-related food poisoning incidents may be recognized as intended third-party beneficiaries under Article 1317 of the Civil Code and related constitutional and food safety norms. However, Presidential Regulation No. 115 of 2025 is primarily administrative and lacks explicit provisions on liability attribution compensation mechanisms insurance obligations and mandatory recall procedures. The study concludes that the recognition of beneficiary status must be accompanied by regulatory reform and institutional redesign. It recommends revising Presidential Regulation No. 115 of 2025 to define civil liability rules require compulsory liability insurance create a temporary compensation fund and establish a centralized response and compensation unit to expedite access to remedies.
Co-Authors Ajeng Kusuma Emi Zulaika Ermanto Fahamsyah Nur Alfi Fauziyah