INDONESIA Law and Practice Contributed by: Enny Purnomo Widhya, Nugrahani Astiyanti and I Gusti Ngurah Oka Anantajaya, Mochtar Karuwin Komar
financings (such as assignment of the lessor’s rights under the lease agreements or related documenta - tions) be notified and acknowledged by the lessee. In addition, any assignment of existing fiduciary securi - ties over insurance and reinsurance claims from the lessor to the lender for the purpose of financing must be registered with the Fiduciary Registration Office. 4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft Court proceedings occur in relation to the lessor’s exercise of interim relief under the Cape Town Conven - tion to obtain a court ruling to repossess an aircraft. Most of them involve default of the domestic party/ airlines under the relevant instalment sale agreement or lease agreement in respect of the aircraft. Court rulings vary. Some accept the petitioner request for repossession of the aircraft and entry onto the prem -
ises where the aircraft is located but others reject peti - tioner claims on the basis of lack of jurisdiction due to the lease agreement opting for arbitration in SIAC (Singapore International Arbitration Centre) for set - tling any disputes arising under the lease agreement. Other rejections relate to ongoing proceedings in the US courts regarding such aircraft and also the court requesting further review of the alleged default. Indo - nesian courts do not take a uniform approach in their treatment of interim relief because they lack detailed process of law rules in treating interim relief under the Aviation Law and Cape Town Agreements. Another cause is lack of knowledge (on the part of Indonesian judges) about the possibility of filing for interim relief and being granted such relief under the Aviation Law even though there are separate ongoing proceedings between the parties concerning the defaults. 4.2 Current Legislative Proposals As far as the authors are aware, there are no current proposals before the legislature relating to the above.
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