Pembaharuan Hukum Lembaga Jaminan Hipotek Kapal Repository

Pembaharuan Hukum Lembaga Jaminan Hipotek Kapal

Fani Martiawan Kumara Putra (2017) Pembaharuan Hukum Lembaga Jaminan Hipotek Kapal. Disertasi thesis, UNIVERSITAS AIRLANGGA,.

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Official URL: https://lib.unair.ac.id/

Abstract

This research aims to find, strengthen and analyze the new principles required in the renewal of the ship’s Mortgage security law in Indonesia. Ship mortgage require legal reform, as some of the current regulation are deviated from or unable to comply with the basic principles of security law, nor are they capable of providing legal certainty and protection to the parties. This research is normative legal research, with conceptual, statute, and comparative approach. Comparative approach done by comparing laws in the Netherlands. The findings of this Dissertation are First, SKMH needs to be interpreted as lastgeving and also need vervaltermijn principle to be applied in it. Second, the principle of structured creditors and equity for all creditors must be implemented to restore the preferences of the mortgage holder. Third, the Mortgage regulation of the vessel shall be applied mutatis mutandis to the fishing vessel, by first being given the norm of fishing vessel limits that can be mortgaged. Fourth, the principle of transnational execution must be specifically implemented on the ship's Mortgage in order to execute and/or restrict ship containment beyond its jurisdictional limits. Fifth, the principle of doorlopend Mortgage and ownership principles must be implemented so that vessels under construction can be Mortgaged, and can still meet all the basic principles of the security law, in particular the Nemo Plus principle. Implementation of all the above principles is done by legal reform, and for some principles there must be harmonization of the law in advance with the convention of vessel detention and maritime liens. Legal reform covers all aspects to its apparatus. The required legal reforms are up to the paradigm to be appropriate and not contradictory to the basic principles in BW and WvK anymore, such renewal encompasses the norms, regulations, technical and procedures, apparatus, tools and documentation. Legal reform should also simultaneously afford the legal unification of ship's Mortgage security law.

Item Type:

Thesis (Disertasi)

Uncontrolled Keywords:

Mortgage, Legal Reform, Harmonization

Subjects:

K Law

Divisions:

03. Fakultas Hukum > Doktoral Ilmu Hukum

Creators: