DILEMMA’S OF USE OF LEASING AGREEMENT OBJECT AS FIDUCIARY GUARANTEE OBJECT

Abstract

Fiduciary guarantee on lease agreements, usually use the object of lease object fiduciary guarantee of the us too. It is not in accordance with the principles of fiduciary, because the giver of the fiduciary, fiduciary (the lessee) should be the owner of the object which is the object of fiduciary guarantee, and ownership rights that exist on the giver of fiduciary is delivered to the recipient of fiduciary (lessor), while in a leasing agreement, leasing object shall belong to the lessee if at the end of the agreement the lessee choose the option to purchase the lease object. This study uses legal pluralism approach which focuses on the study of philosophical, juridical and sociological. In the lease agreement should have ownership rights of lease object remains with the lessor, the lessee is yet. Practice fiduciary guarantee in such a lease agreement can actually be detrimental to the lessor, the lessee because the actual has become giver of fiduciary exposure of the ownership rights to her yet, so in such cases it should not have happened fiduciary guarantee. Nonetheless such practices carried out by finance companies, because they do not know clearly how the fiduciary concept when applied to the lease agreement. In general, they only know that the fiduciary is a guarantee that in this case the objects still controlled by the guarantor. In fiduciary only parties who have ownership rights of objects that can be givers, fiduciary as a prerequisite the fiduciary is the transfer of ownership rights of the giver to the recipient of fiduciary fiduciary. Key words: leasing agreements, ownwership rights, guarantee object, transfer of ownership rights