Artemis Law Journal
Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024

Pelaksaan Perjanjian Jual-Beli Sepeda Motor Yang Masih Terikat Perjanjian Sewa-Beli Pada Perusahan Pembiayaan Ditinjau Dari Kitab Undang-Undang Hukum Perdata

Efanrianus Andri (Fakultas hukum universitas nusa Cendana Kupang)
Siti Ramlah Usman (Nusa Cendana University)
Yossie M Y Jacob (Nusa Cendana University)



Article Info

Publish Date
24 May 2024

Abstract

The increasing prevalence of consumerist culture stimulates public interest in consumer financing, particularly in the purchase of motorcycles through credit systems. Non-bank financing institutions have become the primary choice due to their streamlined processes. The issues examined are: (1) How is the implementation of motorcycle lease-purchase agreements at consumer financing companies viewed in light of the civil code, (2) What are the legal consequences of motorcycle sales still bound by lease-purchase agreements at consumer financing companies according to the civil code. This research is normative legal research, utilizing theoretical foundations and legal materials consisting of primary, secondary, and tertiary legal materials, analyzed descriptively qualitatively. The research findings indicate: (1) The implementation of Motorcycle Lease-Purchase Agreements at Consumer Financing Companies, as Reviewed Under the Civil Code, employs the principle of contractual freedom, particularly through standard agreements, which are unnamed contracts stemming from the principle of contractual freedom. Article 1338 of the Civil Code stipulates that all agreements made apply as law to those who make them. (2) The Legal Ramifications of Selling Motorcycles Still Bound by Lease-Purchase Agreements at Consumer Financing Companies (Creditors), as Reviewed Under the Civil Code, entail such actions being deemed unilateral legal actions by consumer financing companies, thereby regarding the first party as still bound by the consumer financing agreement. This transfer contravenes Law Number 42 of 1999 concerning Fiduciary Guarantees, granting the financing company the right to undertake fiduciary execution measures, namely repossession of the motorcycle.

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Journal Info

Abbrev

alj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Artemis Law Journal (ALJ) is an open access and peer-reviewed journal that aims to offer an international academic platform for legal research. These may include but are not limited to various fields such as: Civil Law; Criminal Law; Constitutional and Administrative Law; Procedural Law; ...