According to the Mortgage Vollmar mean a material rights on movables are not intended to provide individuals who are eligible (mortgage holder) something delicious from an object, but he merely intends to provide a guarantee for the repayment of a debt with the more heed.
Mortgage own understanding under Section 1162 that the Mortgage is a material right over immovable benda2, to take him for repayment of the replacement of an engagement.
- The security agencies as now practiced in Indonesia as follows:
- Mortgage Article 1162 s / d of Article 1232 BW
- Pawn Article 1150 s / d of Article 1161 BW
- Mortgage Law. 4 Year 1996
- Fiduciary Law No.42 of 1999
Here are mortgages for Naval
Definition of a ship mortgage
There are two words that are listed in terms of the said mortgage and mortgage of ships. Each has a different conception of one another.
Against Ships in the sense of Article 49 Law no. 21 of 1992 on Cruise Ship
"Air Vehicles with any kind of shape and which is driven by mechanical power, wind power or the delay, including support Dynamic-powered vehicles, Vehicle below Sea Level and floating equipment and floating buildings that are not moving"
The above definition, the core is, That the ship is in shape and Air Vehicle Whatever type.
Marine mortgages are "right the ship that material posted or submitted (usually with the content of impurities above 20 M3) is given by an authentic deed, to secure the debt"
Elements of Naval
A. Material existence of rights
2. Its object is a ship that weighs over 20 M3
3. Such a vessel should be recorded
4. Given by an authentic deed
5. Debt guarantee bill
Mortgage Hujum Naval base
Article 1162 s / d 1232 Civil Code
a. General Provisions (PS 1162 s / d 1178 Civil Code)
b. Mortgage registration and registration forms Article 1179 s / d Per Penal Code Section 1194.
c. Register write-off Ps. 1105 s / d 1197 Civil Code.
d. Mortgages due to the party that controls the goods to -3 burdened Article 1198 s / d 1208 Civil Code.
e. Mortgage abolishment of article 1209 s / d 1220 Civil Code.
Employee-store clerk who assigned the mortgage, their responsibilities and know that the lists by the community (Article 1221 s / d of article 1232 Civil Code.
Mortgage objects Naval Civil Code Section 1164
Boats that size 20 M3, 20 M3 while under applicable provisions of fiduciary
Mortgage subject Naval
A. Mortgage providers (Hipotheekgever)
2. Mortgage recipient (Hipotheekbank, Hipotheehouder, or Hipotheeknemer) that people who borrow money.
Procedures and conditions of loading Mortgage
A. Ships already in the list
2. Performed by making a mortgage deed on the spot where the ship was originally on the list.
Things that should be considered in the implementation of the Marine Mortgages.
A. The mortgage-burdened vessel must be clearly stated in the mortgage deed
2. The agreement between the creditor to debtor indicated by the credit agreement (which is a condition of the mortgage deed)
3. Credit value, which is the total value received by the insured goods (eg boats)
4. Specialize in the value of mortgages on the ship (the Bank carried out by Appresor)
5. Installation of Mortgage in accordance with the ship and be done with any currency in compliance with applicable laws.
The requirements and procedures in the imposition of Mortgage
Pemohonan is to file an application for registration officials and the officials behind the name by including the value of mortgages that will be installed.
Installing a Power of Attorney Deed of Mortgage
Power of attorney made in advance or before the notary, power of attorney was made between the owner of the ship with a person designated for that.
Contents Power of Attorney
Ship owners authorize the person designated to take care of his interests.
Interest is the order of loading the ship owner ship mortgage.
Grose Registration Certificate or Change of
Officials authorized to issue certificates of registration and recording under the name of the shahbandar.
The ship destination in the list is
A. To obtain a sign of vessel nationality (STKK). Given STKK the ship can sail with kebangsaanya flag, the flag state sovereignty thus applies fully on board and people who were on board should be subject to the regulations of the state flag
2. Legal Status of Vessel Ownership becomes clear
3. Can be mounted / mortgaged
The ship is on the list of terms in Indonesia
A. Ships with the gross size of at least 20 rated M3 or equal to it.
2. Owned by Indonesian citizens or legal entities domiciled in Indonesia, and Indonesia (article 46 paragraph (2) of Law No 21 of 1992 on the cruise.
The documents must be completed for the registration of ships.
A. Submit a written request to the relevant registries
2. Proof of Vessel Ownership
3. The identity of the owner
4. Measure Letter (Provisional or Permanent)
5. Delection Certificate for ships that have been registered abroad.
