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p-Index From 2020 - 2025
0.61
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All Journal Sriwijaya Law Review Hasanuddin Law Review
Si, Tongle
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Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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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.
Navigating Legal Barriers: The Impact of Foreign Subsidies Regulation on Chinese SOEs in EU Public Procurement Si, Tongle
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3048.pp114-136

Abstract

The EU Foreign Subsidies Regulation (FSR), effective from July 2023, aims to create a level playing field in the EU internal market by addressing concerns about non-EU companies gaining unfair advantages through subsidies from their home countries. By granting the European Commission extensive investigative powers, particularly in public procurement and mergers, the FSR aims to ensure fair competition and fill regulatory gaps in the EU’s existing legal framework. However, the regulation’s impact on the participation of non-EU companies in the EU public procurement market remains insufficiently explained. This article examines the impact of the FSR on non-EU companies, focusing on its effects on public procurement, especially case studies from the Commission’s investigations into two Chinese state-owned enterprises (SOEs). It offers a detailed interpretation of the FSR’s rules on foreign subsidies in the context of EU public procurement from both procedural and substantive perspectives. Additionally, the article provides practical recommendations for non-EU companies seeking to navigate the FSR's requirements and minimise its negative impacts while maintaining their participation in EU public procurement markets.
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 Annalisa Yahanan, Annalisa Murzal Murzal, Murzal Sri Turatmiyah