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All Journal Diponegoro Law Review Journal of Indonesian Legal Studies
Murzal Murzal
Faculty of Law, Universitas Sriwijaya
Law, Crime, Criminology & Criminal Justice

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URGENCY OF REGULATION: AIRCRAFT AS OBJECT OF CREDIT GUARANTEE Annalisa Yahanan; Murzal Murzal; Mada Apriandi; Febrian Febrian
Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (812.915 KB) | DOI: 10.14710/dilrev.5.1.2020.19-33

Abstract

Until now in Indonesia, there is no specific regulation regarding aircraft as collateral object. As a result, in practice, the aviation industry players experienced obstacles related to aircraft financing by guarantee agreements with aircraft objects. Such conditions create legal uncertainty both for credit providers (creditors) and the aircraft guarantees (debtors), because there are no references or signs that can provide direction in the guarantee agreement. If there is a default by the debtor, the creditor has no legal basis for how to execute it. To fill the legal vacuum, in practice, a guarantee agreement was found with the fiduciary deed of the aircraft. Whereas the Fiduciary Law expressly states that it does not apply to (mortgages) aircraft. While on the other hand, Law No. 20 of 2014 concerning Notary Position gives authority to the notary to make an aircraft mortgage deed. Thus the regulations in Indonesia give signals to use aircraft as collateral object. Such a situation demands the urgency for regulations on aircraft guarantee that can provide legal certainty and legal protection for the parties.
Indonesian Travel Policy during the Outbreaks: Vaccination and Quarantine Legal Culture and Policy on Indonesian Air Transportation Annalisa Yahanan; Nurhidayatuloh Nurhidayatuloh; Mada Apriandi; Tongle Si; Murzal Murzal
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.60523

Abstract

During the pandemic, the Indonesian government implemented policies to protect citizens from the virus. One such policy mandated the use of the PeduliLindungi application for passengers traveling domestically or internationally by land, sea, or air. The application helps monitor and track the virus's spread, and provides vaccination information. This study examines the government's policies on PeduliLindungi's use and how the existing legal culture relates to vaccination and quarantine within the app. The research methodology employed a doctrinal approach, analyzing laws, concepts, interpretations, and cases. The study found that the PeduliLindungi application is mandatory for all travelers. It allows passengers to access their vaccination status and determines the required quarantine duration. Violating quarantine orders can result in imprisonment and fines, as per Judge Decision No. 21/Pid.S/2021/PN.Tng. However, limited smartphone ownership restricts public access to the app. Therefore, the government must formulate policies that accommodate individuals without smartphones, ensuring their safety while traveling. Public legal awareness and understanding of the PeduliLindungi app's importance are crucial for protecting public health. Strengthening the legal culture is necessary to promote compliance with health guidelines and informed decision-making. By fostering a robust legal culture, individuals will prioritize health measures, safeguarding their well-being and that of the community.
Co-Authors Annalisa Yahanan Apriandi, Mada Febrian Febrian Nurhidayatuloh Nurhidayatuloh Tongle Si