Ganti Kerugian atas Perbuatan Melawan Hukum oleh Lessor dalam Sewa Guna Usaha Alat Berat (Studi Putusan Nomor 7/PDT/2024/PT/SMR))

Abstract

Leasing as a form of capital goods financing plays a strategic role in supporting business activities, particularly in the mining sector which is highly dependent on the availability and operation of heavy equipment. The high investment value of heavy equipment encourages business actors to utilize leasing schemes as a more flexible financing alternative. However, in practice, legal relationships between lessors and lessees are often characterized by an imbalance of bargaining positions, which creates opportunities for unilateral actions by lessors, especially in the form of repossession of leased objects without lawful procedures. Such conditions may result in tangible losses for lessees and give rise to legal disputes that are no longer purely contractual in nature.

This study aims to examine the development of leasing practices in Indonesia, analyze the legal liability of lessors for unlawful acts, and assess the regulation of compensation in heavy equipment leasing based on Decision Number 7/PDT/2024/PT/SMR. This research employs a normative legal research method with a descriptive-analytical approach, conducted through statutory, conceptual, and case approaches. Data were collected through literature review and document analysis of primary, secondary, and tertiary legal materials, as well as court decisions that have obtained permanent legal force.

Based on this research, it is concluded that the forcible repossession of leased objects by the lessor without a lawful basis, without a court order, and without contractual mechanisms agreed upon by the parties fulfills all elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code. The Panel of Judges of the Samarinda High Court emphasized that violations of the principles of good faith and propriety in the performance of contracts may shift disputes from the realm of breach of contract to unlawful acts, thereby giving rise to an obligation to provide compensation.