Analysis of Legal Protection against Buyers of Leasing Objects (Study of Law Number 42 of 1999 Concerning Fiduciary Guarantees)

Krisna P Sihombing (Universitas HKBP Nommensen Medan)
Hisar Siregar (Universitas HKBP Nommensen Medan)
Jinner Sidauruk (Universitas HKBP Nommensen Medan)

Formosa Journal of Multidisciplinary Research (FJMR)
Vol. 4 No. 2 (2025): February 2025

The purpose of this study is to examine legal protection for buyers of leasing goods that are still subject to a fiduciary promise under Law Number 42 of 1999. In practice, buyers often do not know that the goods they buy are objects of fiduciary guarantees, so that it can cause legal disputes between buyers, sellers, and creditors. This study uses a normative legal approach that analyzes laws and regulations, various legal literature, and legal doctrines as well as relevant case studies. The results of this study indicate that legal protection for buyers can be provided through the principle of good faith, civil dispute resolution, and the role of government supervision in ensuring the transparency of information related to the status of fiduciary objects. This study recommends strengthening regulations related to transparency and imposing strict sanctions on parties who neglect to include the fiduciary guarantee status on leasing objects.