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Scholars Journal of Arts, Humanities and Social Sciences | Volume-6 | Issue-03
Leasing Contract Law as Alternative Procurement of Capital Goods Based on Justice Value
Rasudin Gultom, Gunarto, Anis Mashdurohatun
Published: March 26, 2018 | 157 166
DOI: 10.36347/sjahss.2018.v06i03.019
Pages: 611-617
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Abstract
Leasing is one of the alternative procurement of capital goods formulated in a contract between the parties, where on the one hand is the person who needs capital goods in the contract. It is not much different from an engagement or an agreement. In this research using qualitative sociological juridical research method, in collecting data with field study approach to obtain data directly with the respondents, as well as literature review obtained from legislation and book libraries and related journals. From the research result, it can be seen that there are weaknesses, among others, the unbalanced position between Lessor as a leasing company has a very superior position both in financial terms and in terms of experience in contracting and legal understanding, so that in determining the terms of agreement of Lessor parties already preparing for the generally applicable contracts of interest, insurance and so on compared with the Lessee and that provisions made by the government on leases are not sufficient to protect the Lessee so often stuck or incurring losses that are not small for the Lessee, either on the pre contract, contract period or post contract. In the future there may be renewal in the law of leasing or procurement of capital goods.