PENARIKAN BARANG YANG MENJADI OBYEK SEWA BELI DALAM HAL PEMBELI SEWA WANPRESTASI

Abstract

The article entitled The Withdrawal of the Leasing Object in the event of
Customer’s Default in Payment. The main issue discussed is that whether the
withdrawal of the leasing object is acceptable by the law in the event of
customer’s default in payment.
The research in this paper is classified as a Normative Legal research, which
is based on primary and secondary legal materials. The approach taken was the
statutory and the analytical conceptual approach.
The research results indicate that with the withdrawal of leasing object in a
lease agreement by the creditor according to law (under the provisions of Article 1338
of Indonesian Civil Code) can be justified and lawful. The agreement of waiving
the provisions of article 1266 of paragraph 2 of Indonesian Civil Code
binding on the partie based on the principle of freedom of contract