Airplane as the Object of Mortgage Collateral in Indonesia Collateral Law

Abstract

Transportation is an important thing in supporting economic activities in Indonesia. One of them is an airplane which is a means of transportation for humans and facilities logistics. Based on data from the Directorate General of Civil Aviation, Ministry of Transportation (Kemenhub), there are around 18 airlines operating to transport passengers and around 54 cargo airlines, as well as 56 foreign airlines operating in Indonesia. It shows that the position of an airplane as an object becomes important, especially in terms of buying and selling and leasing of the airplane itself. In Indonesia, airplane leasing air travel is more often carried out for the implementation of the aviation business compared to buying and selling. This is due to the high price of airplanes as well as the legal situation regarding guarantees against airplane in Indonesia that are not yet fully present. In terms of guarantee, airplane is one of the objects that can be charged guarantee. This refers to Article 72 of Law Number 1 of 2009 concerning Aviation stating that "airplane objects can be burdened with interests international agreements arising from agreements on the granting of material guarantee rights, binding agreements conditional rights, and/or leasing agreement". Looking at these provisions, raises an issue regarding the classification of guarantee imposition criteria. Remember airplanes is an object that can change hands, then an airplane should be classified into movable objects subject to fiduciary guarantees. However, when viewed from the total weight of the airplane has a weight of more than 20 m3 so that it is included in the excluded object the imposition of fiduciary guarantees as referred to in Article 3 of Law Number 42 of the year 1999. Based on these problems, the author wants to devote the author's thoughts related to AIRPLANE AS MORTGAGE COLLATERAL OBJECTS IN INDONESIA COLLATERAL LAW