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All Journal Syiar Hukum: Jurnal Ilmu Hukum Jurnal Dinamika Hukum Jurnal Hukum IUS QUIA IUSTUM Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Sriwijaya Law Review Jurnal Ilmiah Kebijakan Hukum Hasanuddin Law Review Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Simbur Cahaya Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Batulis Civil Law Review RechtIdee Sriwijaya Journal of Private Law
Sri Turatmiyah
Fakultas Hukum Universitas Sriwijaya
Religion Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Hasanuddin Law Review

 1 
Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral Yahanan, Annalisa; Murzal, Murzal; Turatmiyah, Sri; Si, Tongle
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.4818

Abstract

A notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The findings reveal that notaries face considerable obstacles in exercising their authority due to the lack of specific regulations on aircraft mortgages, even as the aviation industry continues to grow rapidly. This regulatory void has resulted in the emergence of diverse deed types, such as Deeds of Agreement for the Transfer of Guarantee and Grant of Power of Attorney, Fiduciary Deeds, and Deeds for the Transfer and Guarantee of Power of Attorney. Furthermore, as aircraft, categorized as registered objects, can be classified as immovable property and potentially treated as mortgageable collateral, the establishment of specific regulations governing aircraft mortgages is essential to avoid legal uncertainty and ensure clear regulatory guidance.
Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral Yahanan, Annalisa; Murzal, Murzal; Turatmiyah, Sri; Si, Tongle
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.4818

Abstract

A notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The findings reveal that notaries face considerable obstacles in exercising their authority due to the lack of specific regulations on aircraft mortgages, even as the aviation industry continues to grow rapidly. This regulatory void has resulted in the emergence of diverse deed types, such as Deeds of Agreement for the Transfer of Guarantee and Grant of Power of Attorney, Fiduciary Deeds, and Deeds for the Transfer and Guarantee of Power of Attorney. Furthermore, as aircraft, categorized as registered objects, can be classified as immovable property and potentially treated as mortgageable collateral, the establishment of specific regulations governing aircraft mortgages is essential to avoid legal uncertainty and ensure clear regulatory guidance.
Co-Authors Ahmaturrahman Ahmaturrahman Annalisa Y Annalisa Y, Annalisa Annalisa Y. Annalisa Yahanan Annalisa Yahanan Annalisa Yahanan, Annalisa Antonius Suhadi AR Febrian Arfianna Novera Bagoes Mahendra Jaya binti Md Mohtar, Haniyatul Husna Febrian Febrian Firman Muntaqo Firsta, Efka Handayani, Sri Haniyatul Husna binti Md Mohtar harahap, Mhd Syahdani Harahap, Mhd. Yadi Joni Emirzon Joni Emirzon K. N. Sofyan Hasan M. Syaifuddin Machdum Satria Muhammad Syaifuddin Murzal Murzal, Murzal Nugraha, Muslim Nyimas Nur Shabrina Putu Samawati, Putu Rasyid, Muhamad Si, Tongle Sri Handayani syaifuddin syaifuddin Taroman Pasyah