Aircraft Mortgage in Indonesia: Alternative Object of Material Guarantee as a Debt Settlement
Annalisa Y1, Murzal Zaidan2, Mada Apriandi3, Febrian4, Nurhidayatuloh5
1Annalisa Y, Faculty of Law, Universitas Sriwijaya.
2Murzal Zaidan, Faculty of Law, Universitas Sriwijaya.
3Mada Apriandi, Faculty of Law, Universitas Sriwijaya.
4Febrian, Faculty of Law, Universitas Sriwijaya.
5Nurhidayatuloh, Faculty of Law, Universitas Sriwijaya.
Manuscript received on 17 October 2019 | Revised Manuscript received on 23 October 2019 | Manuscript Published on 02 November 2019 | PP: 601-607 | Volume-8 Issue-2S9 September 2019 | Retrieval Number: B11260982S919/2019©BEIESP | DOI: 10.35940/ijrte.B1126.0982S919
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: In the development of material law in Indonesia, it is known both registered objects and unregistered objects that by analogy, registered objects are categorized as immovable objects. In Indonesia, aircraft are being classified as a registered object that can be guaranteed in the form of the mortgage as a debt settlement. Along with the development of law and society, the mortgage regulations are only mentioned briefly in the Indonesian Law of Fiduciary and the Law of Notary Position which state that an aircraft can be guaranteed in the form of a mortgage. However, until recently, any particular regulations regarding aircraft mortgage in Indonesia are not yet available. This research is a normative study that uses historical, statute, and comparison approaches. The problems examined in this study: firstly, how the mortgage as a material guarantee institution in Indonesia is being regulated. Secondly, does the mortgage institution have the potential as an alternative object of material guarantee for aircraft? The result of the study shows that the regulations on aircraft mortgage in Indonesia still refer to the ones in the Indonesian Civil Code. Meanwhile, the institution that has the potential as an alternative object of material guarantee for aircraft is in the form of mortgage because an airplane is a registered object which is analogous to an immovable object. It can be concluded, therefore, that there is a weakness in aircraft mortgage stipulation in Indonesia which may create legal uncertainty and weaken the position of the creditor. Therefore, along with the development of the community and the existence of legal certainty, it is necessary to make an aircraft mortgage law immediately.
Keywords: Mortgage; Aircraft; Material Guarantee; Debt Settlement.
Scope of the Article: Social Sciences