| Home

Overview


Original Research

JURIDICAL STUDY OF THE USE OF AIRCRAFT AS MATERIAL COLLATERAL OBJECTS IN TERMS OF THE LAW OF GUARANTEES

KURNIADI 1, BUDI SANTOSO 2, and SITI MALIKHATUN BADRIYAH 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10902486   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer, Doctoral Law Program, Faculty of Law, Diponegoro University, Semarang, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1127-1140   |   Published on: 30-03-2024

Abstract

This study aims to review; 1) What is the form of aircraft property status in guarantee law in Indonesia? 2) Implementation of Aircraft Guarantee in Indonesia Based on Guarantee Law?. The research method used is normative juridical research, which is research focused on examining the application of rules or norms in positive law. The results showed that; 1) When viewed from the nature of moving aircraft, aircraft are classified into moving objects and resulting in provisions governing them are civil law regarding moving objects. However, according to Mieke Komar Kantaatmadja, the legal nature of aircraft as objects is different from moving objects in general because aircraft must be registered and have a national mark. This is why legal experts give an exception to the status of aircraft as movable objects that have special arrangements and call it moveable property sui generis. This sui generis hints at the special characteristics of its own aircraft. 2) The regulation of the imposition of material guarantees on aircraft is not regulated in the Aviation Law, in Article 71 of the Aviation Law explains that "Aircraft objects may be burdened with international interests arising from agreements granting property security rights, conditional rights binding agreements, and/or lease agreements.


Keywords

Review, Juridic, Use, Aircraft, Object, Guarantee, Material, Law of Guarantee.