BEKASI RAYA

Apa Itu Leasing ? Simak Ulasan Menurut Kajian dan Bantuan Hukum Wibawa Mukti Ulung Purnama, SH.MH

ByRay, R.A.

Agu 6, 2021

KABUPATEN BEKASI – inforayanews.co.id, – Selama ini, perusahaan yang memberikan kredit sering disebut sebagai leasing. Leasing sendiri berasal dari Bahasa Inggris lease yang memiliki arti menyewakan. Secara umum, leasing adalah setiap kegiatan bentuk penyediaan barang-barang modal untuk digunakan oleh suatu perusahaan atau perorangan untuk jangka waktu tertentu. (6/8/2021)

Direktur Kajian dan Bantuan Hukum Wibawa Mukti Ulung Purnama, SH.MH mengatakan “Sementara itu arti leasing menurut Otoritas Jasa Keuangan (OJK), leasing adalah kegiatan pembiayaan dalam bentuk penyediaan barang modal, baik secara sewa guna usaha dengan hak opsi (finance lease) maupun sewa guna usaha tanpa hak opsi (operating lease). Di mana barang sewa guna itu untuk digunakan oleh penyewa guna usaha (lessee) selama jangka waktu tertentu berdasarkan pembayaran secara berkala. Penyewa guna usaha (lessee) dari leasing adalah perusahaan atau perorangan yang menggunakan barang modal dengan pembiayaan dari perusahaan pembiayaan (lessor).”

“Sepanjang perjanjian sewa guna usaha masih berlaku, hak milik atas barang modal objek transaksi berada pada perusahaan pembiayaan, Leasing adalah perusahaan pembiayaan menyewakan barang sewa guna kepada penyewa dengan jangka waktu yang sudah ditentukan, ketika penyewa tak mampu membayar, maka lessor dapat mengambil kembali barang sewa guna yang disewakan dari penyewa atau lessee. Berikut ciri-ciri leasing adalah: Memiliki janga waktu lease Kepemilikan barang sewa guna ada pada lessor Benda yang disewakan merupakan benda yang digunakan dalam operasional penyewa. “Tambahnya

“Otoritas Jasa Keuangan (OJK) selaku lembaga pengawasan dapat memberikan sanksi terhadap pelanggaran yang terjadi jika debt collector yang melanggar hukum akan mendapatkan sanksi kepada pihak perusahaan pembiayaan atau leasing yang bersangkutan., Selain itu, Mahkamah Konstitusi (MK) sebelumnya telah membuat putusan, dimana perusahaan pemberi kredit atau kreditur (leasing) tidak bisa mengeksekusi obyek jaminan fidusia atau agunan seperti kendaraan atau rumah secara sepihak. Hal itu tertuang dalam Putusan MK Nomor 18/PUU-XVII/2019 tertanggal 6 Januari 2020. Tentang Pengujian Undang-undang Nomor 42 Tahun 1999, ditujukan untuk Debitur yang beritikad baik,” tegasnya

“Di dalam putusan tersebut MK menyatakan, perusahaan pembiayaan harus terlebih dahulu meminta permohonan eksekusi kepada pengadilan negeri untuk bisa menarik obyek jaminan fidusia. “Penerima hak fidusia (kreditur) tidak boleh melakukan eksekusi sendiri melainkan harus mengajukan permohonan pelaksanaan eksekusi kepada pengadilan negeri,” dalam putusan tersebut. Namun, perusahaan leasing tetap bisa menarik jaminan dari debitur penunggak cicilan dengan syarat pihak debitur mengakui adanya wanprestasi.”ungkapnya

Pertanggungjawaban Hukum

“Pada kenyataannya terkadang perusahan leasing tidak mendaptarkan sertifikat jaminan fidusia ke Kanwil Kemenkum & HAM, yang ada kadang dibuatkan perjanjian dibawah tangan, tanpa akta notaris, hal ini tentu saja menimbulkan akibat hukum dikategorikan sebagai Perbuatan Melawan Hukum (PMH) sesuai diatur dalam Pasal 1365 Kitab Undang-Undang Hukum Perdata  dan dapat digugat ganti kerugian.”imbuhnya

“Selain itu tindakan eksekusi dibawah tangan tanpa adanya Sertipikat Hak Fidusia, dapat dikualifikasi melanggar Pasal 368 KUHPidana dan Pasal 365 ayat kedua, ketiga, dan keempat berlaku bagi kejahatan, hal ini menjadi dibutuhkan keseimbangan hukum bagi kreditor dan debitor.

Karena disisi lain Debitor mengalihkan benda objek fidusia yang dilakukan dibawah tangan kepada pihak lain seringkali dilaporkan penggelapan atau disebut  Pasal  372 KUHPidana, oleh karena itu keseimbangan hukum diharapkan memberikan keadilan namun seringkali pada kenyatanya pihak Debitor dalam posisi lebih rentan diakibatkan oleh ketidaktahuan pemahaman hukum oleh masyarakat. ” Tandesnya (R4y-ST)

By Ray, R.A.

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