Lease Purchase Agreement and Possession of Ship Deed with Purchase Option Rights


  • Mufrina Mufrina
  • Sufiarina Sufiarina Business Law Studies Program, Tama Jagakarsa University



Lease Purchase, Deed of Conveyance, Ship Financing


The Lease Purchase Agreement operated by the financing company involves the provision of capital goods for the lessee's benefit. The lessor provides facilities for the procurement of capital goods that are delivered to the lessee for a specified period, with the obligation to make periodic payments. In a lease-purchase agreement, the lessor acts as the owner, and the goods are in the possession of the lessee. At the end of the lease period, the lessee is given the option to extend the lease term or exercise the right to purchase the leased capital goods. Since the capital goods belong to the lessor, it is not possible to use the leased object as collateral in the financing agreement. Ownership of the leased object with the option to buy should occur at the end of the lease agreement. However, in the Lease Purchase Agreement with Reference Number PPAF/PSGUP/2014/VIII/133, the lessee has become the owner of the capital goods from the beginning, both in physical and legal terms, because the capital goods were transacted through a notarial deed and registered under the lessee's name with the harbor master's office. Nevertheless, the lessor, as the provider of capital goods financing, has not returned the deed of the ship to its owner, even though the sale and lease-purchase agreement have been completed without any defects. The research questions addressed in this study are: 1. How is the implementation of the lease-purchase agreement for the Blue Star Tanker capital goods in Lease Agreement Number PPAF/PSGU-P/2014/VIII/133? 2. What is the basis for the lessor's possession of proof of ownership of the capital goods in the PPAF/PSGU-P/2014/VIII/133 agreement? This research employs a normative legal research method, which involves optimizing secondary data sources, including various primary legal materials, secondary legal materials, and tertiary legal materials. The primary data collection method used is a literature review. The research findings lead to the following conclusions: 1. The implementation of the lease-purchase agreement with Reference Number PPAF/PSGU-P/2014/VIII/133 does not meet the criteria for a lease-purchase agreement. The lease-purchase agreement with a clear option to buy states that the lessee will exercise the option to buy. This option to buy is provided at the end of the lease-purchase period. However, the legal ownership of the capital goods has been with the lessee from the outset when the ship sale agreement was registered with the harbor master's office on November 20, 2014, while the lease-purchase agreement ended in August 2017. 2. The legal basis for the lessor's possession of proof of ownership of the capital goods in Lease Agreement Number PPAF/PSGU-P/2014/VIII/133 is not valid. If based on ownership, the legal ownership documents are with PT. Sarana Multi Sejahtera as the lessee. If based on collateral rights, the lease-purchase agreement does not use the concept of collateral for the leased goods because the leased goods are actually owned by the lessee


Abdulkadir Muhammad, Indonesian Civil Law, Citra Aditya Bakti, Bandung, 2000.

Admiral, 2018, Legal Aspects of Leasing and Financing Contracts, UIR Law Review Journal. Vol. 02. No. 02.

Ahmad Yusuf Sutanto, Legal Consequences of Debtor Default on Consumer Financing Agreements, Privat Law Vol. 6 No. 1, 2018.

Aprilianti, Lease Agreement between Lessee and Lessor, Fiat Justisia, Law Journal, Vol. 5 No. 3, 2011,, accessed February 14, 2023.

Amin Wijaya Tunggal and Arif Johan Tunggal, Juridical Aspects in Leasing, Rineka Cipta Publisher, Jakarta, 1994.

Arif Sidharta, Meuwissen on Legal Development, Legal Science, Legal Theory and Philosophy of Law, Refika Aditama, Bandung, 2009.

Ari Putra Utama, Execution of Ship Objects as Collateral in Teluk Bayur at Bank Rakyat Indonesia. Master's Thesis, Andalas University, downloaded on Sept 5, 2022.

Bernard L. Tanya, Legal Theory, Strategies for Human Order across Space and Generations, Genta Publishing, Yogyakarta, 2010.

Dahlan Siamat, Financial Institution Management: Publisher of the Faculty of Economics, University of Indonesia, Jakarta, 2004.

Endang Purwaningsih, Business Law, Ghalia Indonesia, Jakarta, 2010.

Fransiska, Lease Agreement (Leasing), Law, Development & Justice Review, Vol. 4 No. 2, October 2021,, accessed February 14, 2023.

Frieda Husni Hasbullah, Civil Property Law, Rights that Provide Pleasure, Volume 1 In Hill Co, Jakarta, 2002.

Gugan & Caves, in Febby Ayu Syahputri Gurning, et al., Analysis of Risk Management for Leasing Users in Indonesia, El Mal, Journal of Islamic Economic and Business Studies, Vol. 3 No. 3, 2022.

Herowati Pusoko, Dynamics of Parate Execution Law, Aswaja Pressindo, Yogyakarta, 2013.

Hyronimus Rhiti, Philosophy of Law, Yogyakarta: Atma Jaya Yogyakarta University, 2011.

Irwansyah and Ahsan Yunus, Legal Research, Mirra Buana Media, Yogyakarta, 2020.

J. Satrio, Wanprestasi According to the Civil Code, Doctrine and Jurisprudence, Citra Aditia Bakti, Bandung, 2001.

Kartini Mulyadi and Gunawan Widjaja, Perikatan in General, Rajawali Pers, Jakarta, 2004.

Karen Leback, translated by Yudi Santoso, Theories of Justice, 6th Edition, Bandung: Nusa Media, 2018.

Khotibul Umam, Law of Financing Institutions, Pustaka Yustisia Publisher, Yogyakarta, 2010.

Mariam Darus Badrulzaman, Compilation of Contract Law, Citra Aditya Bakti, Bandung, 2001.

Marhaeni Rita Siombo and Emmanuel Ariananto Waluyo Adi, Determination of the Spread of Covid-19 as a Non-Natural National Disaster and Its Effects on Financing Agreements, in Y. Sogar Simamora and Ghansham Anand (eds), Development of Civil Law in Indonesia, Setara Press, Surabaya, 2022.

Miranda Nasihin, Everything about Financing Law Institutions, PT. Suka Buku, Jakarta, 2012.

Moch. Isnaeni, Sale and Purchase Agreement, RevkaPerra Media, Surabaya, 2015.

Moch. Isnaeni, Introduction to Property Guarantee Law, Laksbang Pressindo, Yogyakarta, 2016.

Munir Fuady, Modern Legal State Theory, Refika Aditama, Bandung, 2009. Law on Financing Institutions (In Theory and Practice), Citra Aditya Bakti Publisher, Bandung, 1999.

Riduan Syahrani, Ins and Outs and Principles of Civil Law, Alumni, Bandung, 2004.

Riady Azizir, Legal Analysis of Ship Deed Registration as Mortgage Collateral in Business Law Competition in Batam City. Undergraduate thesis, International University of Batam. (2019) Accessed September 5, 2022.

RM. Suryodiningrat, Principles of Contract Law, Trasito, Bandung, 1995.

Salim. HS, Development of Guarantee Law in Indonesia, Rajagrafindo Persada, Jakarta, 2004.

Subekti, Basics of Civil Law, Intermasa, Jakarta, 1996.

Suharnoko, Endah Hartati, Doctrine of Subrogation, Novation and Cessi, Kencana Prenada Media Group, Jakarta, 2006.

Surjono Sukanto, Introduction to Legal Research, UI Press Publisher, 2005.

Sri Mamudji, Normative Legal Research, Rajagrafindo Persada, Jakarta, 2009.

Sufiarina, Sri Wahyuni, “Force Majeure and Notaris Feiten on the Policy of PSBB Covid-19”, Sasana Law Journal, Volume 6 Number 1, June 2020, P-ISSN 2461-0453, E-ISSN 2722-3779. DOI:, accessed December 21, 2022.

Sufiarina, Herman Sudrajat, Widiya N Rosari, “Execution of Vacant Land and Buildings by Buyers Through Aanmaning Request (Analysis of Decision No. 01/Pen.Pdt/Aanm.Eks.HT/2015/PN. DPK)”, SALAM Journal of Social and Cultural Syar-I P-ISSN: 2356-1459. E-ISSN: 2654-9050 Vol. 8 No. 1 (2021), pp. 71-88. DOI: 10.15408/sjsbs.v8i1.18559., accessed December 2, 2022.

Sufiarina, Shift in Copyright Criminal Offenses Towards Civil Disputes, Cita Hukum Journal, Vol. 5 No. 1 June 2017, page 123,, accessed July 16, 2021.Yahman, Characteristics of Wanprestasi and Fraud Crimes, Prenada Media Group, Jakarta, 2014.

Titik Triwulan Tutik, Introduction to Civil Law in Indonesia, Prestasi Pustaka, Jakarta, 2006.




How to Cite

Mufrina, M., & Sufiarina, S. (2024). Lease Purchase Agreement and Possession of Ship Deed with Purchase Option Rights. International Journal Of Humanities Education and Social Sciences, 3(5).



Social Science