INDONESIA Law and Practice Contributed by: Enny Purnomo Widhya, Nugrahani Astiyanti and I Gusti Ngurah Oka Anantajaya, Mochtar Karuwin Komar
istration Approval from the DGCA. Upon the issuance of the Deregistration Approval, the relevant party must complete Form 47-17 and provide other documents as required by the DGCA (such as a statement of no dispute and deregistration consent letter). The Direc - tor General will then deregister the aircraft in question from the Indonesian Aircraft Registry. In addition, the relevant party should also obtain an Export Certificate of Airworthiness from the DGCA (to the extent required by the importing country), a Dip - lomatic Clearance from the Ministry of Foreign Affairs and a Security Clearance from the Air Force Base of the Republic of Indonesia (if the aircraft is flying out of Indonesia using non-Indonesian registration) as well as a Flight Approval from the DGCA. Prior to the export of the aircraft out of Indonesia, a Customs Clearance from the Directorate General of Customs and Excise should also be obtained. 2.8.4 Duration of Deregistration Process Pursuant to the Cape Town Convention and the Avia - tion Law, the DGCA is obligated to deregister the air - craft within five working days as of the submission of the deregistration request enclosing the recorded IDERA. Further, other authorities in Indonesia will also be required to assist in the export of the aircraft out of Indonesia. Typically, the exercise of such remedies may take much longer than the timeframe stipulated in the Aviation Law. If the deregistration is carried out with the full assis - tance of the lessee, in the authors’ experience, the deregistration and exportation process will only take one to two weeks. 2.8.5 Aviation Authority’s Assurances Prior to the ratification of the Cape Town Convention, if requested, the Ministry of Transportation could issue such a statement of assurance. However, this is no longer provided following the ratification of the Cape Town Convention by Indonesia. For deregistration of an aircraft using an IDERA recorded with the DGCA, the DGCA would usually not seek further evidence other than the original recorded IDERA itself and it will immediately process the dereg - istration once the original IDERA and deregistration
application documents have been received. Per the Aviation Law, the DGCA should process the deregis - tration within five working days upon complete receipt of the required documents. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The associated costs for deregistration of the aircraft are mainly: • official fees to the DGCA; • legal fees; • fees for processing customs clearance and other related licences; and • costs for preservation of the aircraft pending its exportation. The current official fee payable to the DGCA for dereg - istration of the aircraft is IDR3 million (approximately USD185 at the current exchange rate) per deregistra - tion of an aircraft. 2.8.7 Deregistration Power of Attorney If signed abroad, a power of attorney in general has to be notarised and apostilled/consularised. A dereg - istration power of attorney issued by an Indonesian airline does not need to be certified or legalised to be enforceable, but is subject to the language require - ment referred to in 2.2.1 Mandatory Terms for Leases In addition to being notarised and apostilled/consu - larised, translation of a document into Indonesian by a sworn translator is necessary if the document will be used as evidence before an Indonesian court. Any non-Indonesian language document will only be admitted as evidence before an Indonesian court once it has been translated by a sworn translator. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney Although not specifically regulated and legally required, it is advisable that a deregistration power of attorney issued by an Indonesian airline to be enforced in Indonesia be governed under Indonesian law. Governed by English or New York Law . 2.8.8 Documents Required to Enforce Deregistration Power of Attorney
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