PRESIDENTIAL REGULATION
NO. 8/2007

CONCERNING
RATIFICATION OF CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT

WITH THE BLESSINGS OF THE ALMIGHTY GOD
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that, in Cape Town, South Africa, on November 16, 2001, Convention on International Interests in Mobile Equipment and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment was signed, as a resolutions of the Diplomatic Cohference initiated by the International Institute for the Unification of Private Law (UNIDROIT) and the International Civil Aviation Organization (ICAO);
• b. that, the Convention and the Protocol as intended in paragraph a are to form a legal foundation applicable internationally in the framework of procurement of aircrafts that could enhance improvement of national aviation development;
• c. that, based on the matters as intendedintended in paragraphs a and b, it is necessary to ratify Convention on International Interests in Mobile Equipment and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment by Presidential Regulation;

In view of:

• 1. Article 4 paragraph (1) and Article 11 of Constitution of 1945;
• 2. Law No.15/1992 concerning Aviation (Statute Book of 1992 No. 53, Supplement to Statute Book No. 3481);
• 3. Law No. 24/2000 concerning International Agreements (Statute Book of 2000 No. 185, Supplement to Statute Book No. 4012);
• 4. Law No. 10/2004 concerning Law Making (Statute Book of 2004 No. .53, Supplement to Statute Book No. 4389);

HAS DECIDED:

To stipulate:

PRESIDENTIAL REGULATION CONCERNING RATIFICATION OF CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUILMENT AND PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT.

Article 1

(1) Ratifying Convention on International Interests in Mobile Equipment by Declaration on Article 39 paragraph (1) sub-paragra[hs a and b, Article 40, Article 53, and Article 54 paragraph (2) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment by Declaration on Article XXX paragraph (1) concerning Article VIII, Article XXX paragraph (1) concerning Article XII, Article XXX paragraph (1) concerning Article XIII, Article XXX paragraph (2) concerning Article X, and Article XXX paragraph (3) concerning Article XI that applies Alternative A;

(2) Original copy of the Convention on International Interests in Mobile Equipment by Declaration on Article 39 paragraph (1) letters a and b, Article 40, Article 53, and Article 54 paragraph (2) and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment by Dec:lari:ltion on Article XXX paragraph (1) concerning Article VIJI, j'lticlP. XXX paragraph (1) concerning Article XII, Article XXX paragraph (1) concerning Article XIII, Article XXX P;-;!d~Jraph(2) concerning Article X,V and Article XXX paragraph (3) concerning Article XI that applies Article A, in English language and Indonesian translation as attached and forms part inseparable from this Presidential Regulation.

Article 2

If there is different interpretation between the Indonesian translation of the Convention and the Protocol and the original text in the English language as intended in Article 1, the English version shall prevail.

Article 3

This Presidential Regulation comes into effect as from the date it is stipulated.

For Public cognizance, this Presidential Regulation is promulgated in the Statute Book of the Republic of Indonesia.

Stipulated in Jakarta
On February 20, 2007
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed
DR. H. SUSILO BAMBANG YUDHOYONO

STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF 2007 NO. 39

ATTACHMENT

PRESIDENTIAL REGULATION
RATIFICATION OF CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT

A. DECLARATION TO ARTICLE 39 PARAGRAPH (1) SUBPARAGRAPH A AND SUBPARAGRAPH B, ARTICLE 40, ARTICLE 53, AND ARTICLE 54 PARAGRAPH (2) CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT.

(i) Form No.1 (Specific opt-in declarations under the article 39 (1) (a))

Indonesia declares that the following categories of on non-consensensual right or interest have priority under its laws over an interest in an aircraft object equivalent to that of the holder of a registered international interest and shall have priority over a registered international interest, wether in or outside insolvency proceedings:

• a. Liens in favour of airline employees for unpaid wages arising since the time of a declared default under a contract to finance or lease an aircraft object;
• b. Liens or other rights of an authority of indonesia relating to taxes or other unpaid charges arising from or related to the use of that aircraft object, and arising since the time of a declared default under a contract to finance or lease that aircraft object; and
• c. Liens or other rights in favour of repairers of an aircraft object in their possession to the extent of service or services perfomed on and value added to that aircraft object.

(ii) Form No. 4 (general opt-in declarations under the article 39 (1) (b))

Indonesia declares that nothing in the convention shall affect its right or that of any entity thereof, or any intergovermental organization in which Indonesia is a member , or other private provider of public services in indonesia, to arrest or detain an aircraft object under its law for payment of amount owed to the government of Indonesia, any such entity, organization o provider directly relating to the services or services provided by it in respect of that or another aircraft object.

(iii) Form No. 6 (opt-in declarations under the article 40)

Indonesia declares that the following categories of non-consensual right or interest shall be registrable under the convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

• a. Liens in favour of airline employee for unpaid wages arising prior to the time of declared default under a contract to finance or lease an aircraft object;
• b. Liens or other right of an authority of indonesia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object, and arising prior to the time of a declared default under a contract to finance or lease that aircraft object; and
• c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.

(iv) Form No.11 ( Declaration under the article 53)

Indonesia declares that all courts with the competent jurisdiction under the laws of indonesia are the relevant courts for the purpose of Article 1 and Chapter XII of the Convention.

(v) Fom No.13 ( Mandatory declaration under the Article 54 (2))

Indonesia declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

B. DECLARATION TO ARTICLE XXX PARAGRAPH (1) IN RELATION WITH ARTICLE VIII, ARTICLE XXX PARAGRAPH (1) IN RELATION WITH ARTICLE XII, ARTICLE XXX PARAGRAPH (1) IN RELATION WITH ARTICLE XIII, ARTICLE XXX PARAGRAPH (2) IN RELATION ARTICLE X, AND ARTICLE XXX PARAGRAPH (3) IN RELATION WITH ARTICLE XI PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT.

(i) Form No. 19 (opt-in declaration unde the article XXX (1) in respect of Article VIII) Indonesia declares that it shall apply Article VIII.

(ii) Form No. 26 (opt-in declaration under the Article XXX (1) in respect of Article XII) Indonesia declares that it shall apply Article XII.

(iii) Form No. 27 (opt-in declaration under the Article XXX (1) in respect of Article (XIII) Indonesia declares that it shall apply Article XIII.

(iv) Form No. 21 ( opt-in declaration under the Article XXX (2) in respect of Article X providing for the application of the entirety of Article X)

Indonesia declares that it shall apply Article X of the Protocol in its entirety and that the number of calendar days to be used for the purposes of the time limit laid down in Article X (2) of the Protocol shall be no more than :

• a. ten (10) calendar days in respect of the remedies specified in Article 13 (1) (a), (b), and (c) of the Convention ( respectively, preservation of aircraft object and their value; possession, control or custody of aircraft objects; and immobilization of aircraft object); and
• b. thirty (30) calendar days in respect of the remedies specifiedin Article 13 (d) and (e) of the Convention (respectively, lease of management of aircraft object and the income thereof; and, sale and application of proceeds from aircraft object).

(v) Form No. 23 (general opt-in declaration under the Article XXX (3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceedings).

Indonesia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI (3) of that alternative shall be sixty (60) calendar days.