The Implementation of Irrevocable Deregistration and Export Request Authorization (IDERA) as International Obligation of State under Cape Town Convention 2001

Abstract

Convention on International Interests in Mobile Equipment (Cape Town Convention) is one of international treaties that has been ratified by The Republic of Indonesia Government. Cape Town Convention rules on international commercial transaction specifically on law of the mobile equipment asset such as an aircraft. One of the essential matters in Cape Town Convention is a remedy known as Irrevocable Deregistration and Export Request Authorization (IDERA). IDERA is a mechanism that allows Creditor/Lessor of the aircraft to procure the de-registration of the aircraft which is in possession of Debtor/Lessee and procure the export and physical transfer of the aircraft object from the Debtor’s territory. The IDERA shall be execute if the Debtor/Lessee ndefault to perform an obligation under a leasing agreement in order to pay the lease. To be emphasized, ratification gives consequences to a State in order to implementing obligation under the treaty properly. This study aims to analyze implementation of IDERA in Indonesia and relation between the implementation and state responsibility. This study uses normative legal research with legislative, conceptual, and analytical approaches. In conclusion, this study finds that Indonesia has been implementing IDERA properly with several adjustments since Director of Airworthiness and Flight Operations (DAFO), as Indonesia Government’s representative, needs to set several adjustments such as mediation and settlement which is not regulated specifically. However, some adjustments are required in order to settle special circumstances in terms of execution of IDERA and to conform to the international obligation as a part of state responsibility under the Cape Town Convention 2001.