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Journal : LEGAL BRIEF

Power of Attorney to Install Mortgages Made by Notaries in The Process of Charging Mortgage Guarantees on Ships Arum Sekar Ayurani; Akhmad Budi Cahyono
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (398.432 KB)

Abstract

The Mortgage Deed in the process of guaranteeing ship mortgages based on Law number 17 of 2008 concerning Shipping becomes the authority of the Registrar and Registrar of Ship Transfers (hereinafter referred to as P3BK). However, the mortgage deed product issued by P3BK is considered less protective and representative of the interests of the parties, namely creditors and debtors and has the potential to cause legal problems, it is necessary for a Notary to make a Power of Attorney to Install a Mortgage (hereinafter referred to as SKMH) using an authentic deed in accordance with Article 1171 of the Civil Code. The importance of making SKMH itself is basically to represent and protect the interests of the parties and as a means of reflecting the wishes of the parties. The existence of SKMH in the process of guaranteeing ship mortgages is the choice of the parties. The function of the SKMH made currently is not only used limitedly because the parties are in a different place from the registered ship, or because the parties are unable to be present at the time the guarantee binding is carried out, but the SKMH is made because it is desired by the parties in the Mortgage binding agreement to get more benefits. special protection that is felt to be able to bridge their desires that are not fulfilled by the P3BK mortgage deed.
Shipwrecks of Feasibility in the Field of Investment Business Bintang Parashtheo; Akhmad Budi Cahyono
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.727

Abstract

Indonesian Valuable Objects on the Load of Sinking Ships (BMKT) have a large potential. This makes the ships buried in Indonesian territorial seas a tremendous resource. Illegal treasure hunters have targeted Indonesia's BMKT because to its great potential, causing considerable losses.  Realizing this, it is vital to pay attention to Valuable Items on the Load of Sinking Ships (BMKT) and develop rules to maximize their potential. This study aims to analyze the policies governing BMKT to support investors in participating in investing in the business sector of BMKT management and creating BMKT management that is optimal and feasible for all aspects of the values contained in the BMKT itself. The approach method used to achieve this research is an approach focused on regulations or policies (statute approach) and conceptual analysis. The result showed that there is still substantial overlap between regulations controlling BMKT, making BMKT administration feasible. In spite of this, the Economic Analysis of Law is used to explain the expansion of the legal dimension through its studies. In addition, the economic value and cultural legacy of BMKTs that cannot be appointed due to the difficulties of appointment or the impossibility of relocation may be used on-site via marine tourist activities, notably diving tourism. As such, investors who wish to participate in the business sector of BMKT management may use BMKT more properly and optimally, including local and international investors.