PELAKSANAAN PERJANJIAN JUAL DAN SEWA BALIK (SALE AND LEASE BACK) ANTARA PT. INTAN BARUPRANA FINANCE DENGAN PT. KARYA ALAM LESTARI

Abstract

An agreement is a legal event where one person promises another person or two
people promise each other to do or not do something. One form of implementation of this
agreement is that which occurs between PT. IBF (PT. Intan Baruprana Finance) with PT.
KAL (PT. Karya Alam Lestari). In the case of PT. IBF (PT. Intan Baruprana Finance)
with PT. KAL (PT. Karya Alam Lestari), PT. IBF as lessor and PT. KAL, who then as
lessee, entered into a Sale and Lease Back Agreement with the object of collateral being
two units of Factory Trailer Maunted Air Foam Package in 2012.
This research is sociological legal research, it is based on field research which
refers to information from interviews and observations as well as supporting documents
that have a correlation with the background of the problem to be studied. This research
uses secondary data sources consisting of primary, secondary and tertiary legal materials.
This research uses qualitative data analysis by producing a deductive method of drawing
conclusions, namely drawing conclusions from general matters to specific matters.
Based on the results and discussion that have been explained previously, the
author draws the following conclusions: Implementation of the Sale and Lease Back
Agreement that occurred between PT. IBF and PT. KAL is still not implemented properly.
This is proven by several negligences made by the lessee during the agreement, such as
non-payment of the Financing Rent which should have been paid monthly in the amount
of Rp. 388,239,248 (three hundred eighty eight million two hundred thirty nine thousand
two hundred forty eight thousand) and the transfer of the position of 2 units of Factory
Trailer Maunted Air Foam Package without notification and confirmation to the lessor,
and the financing object was found to be rusty and not well maintained . This fulfills the
requirements for breach of contract in Article 13 of the Financing Lease Deed which has
been agreed upon by both parties.