Legal Protection for Creditors on Void and Null Status of the Power of Attorney to Charge Mortgage Rights

The deed of Power of Attorney to charge Mortgage Right or known as Surat Kuasa Membebankan Hak Tanggungan (referred to as SKMHT) based on the Article 15 paragraph (3) and (4) of the Mortgage Law has a period of time, if the term is expired, the deed will be null and void by law. Then a new SKHMT is issued to replace the old Deed. The provisions regarding validity period of SKMHT harm creditors, thus a legal protection is needed. Therefore, this study further analyzed the ratio legis of void and null status, the formulation of principle of legal protection for creditors and the urgency to develop a new concept of legal protections for creditors due to the SKMHT is being void and null. Keywords:  SKMHT, void and null, creditors. DOI: 10.7176/JLPG/101-11 Publication date:September 30th 202

Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Batal Demi Hukum

Time limitation regarding the validity of the power of attorney to impose mortgage rights or SKMHT in Article 15 paragraph 3 and 4 of the Law on Mortgage Rights is essentially a form of legal protection by the State as outlined in a statutory regulation. However the provision on the period of SKMHT imposes a relatively short, while on the other hand, the process of obtaining a land title certificate takes a long time does not provide legal protection for creditors and potentially creditors fail to obtain collateral. The imbalance ultimately does not reflect justice for creditor. The research method in this article is normative juridical, which is legal research that places law as a building system of norms. The norm system in question is regarding the principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Types of normative juridical research include legal principles, namely research on written positive laws or research on legal principles that live in society, sources of law, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. This study aims to examine the urgency of developing a new concept of legal protection for creditors due to SKMHT being null and void. KEYWORDS: SKMHT, Time Limit, Creditor

New high-sensitivity, milliarcsecond resolution results from routine observations of lunar occultations at the ESO VLT

(Abridged) Lunar occultations (LO) are a very efficient and powerful technique, that achieves the best combination of high angular resolution and sensitivity possible today at near-infrared wavelengths. Given that the events are fixed in time, that the sources are occulted randomly, and that the telescope use is minimal, the technique is very well suited for service mode observations. We have established a program of routine LO observations at the VLT observatory, especially designed to take advantage of short breaks available in-between other programs. We have used the ISAAC instrument in burst mode, capable of producing continuous read-outs at millisecond rates on a suitable subwindow. Given the random nature of the source selection, our aim has been primarily the investigation of a large number of stellar sources at the highest angular resolution in order to detect new binaries. Serendipitous results such as resolved sources and detection of circumstellar components were also anticipated. We have recorded the signal from background stars for a few seconds, around the predicted time of occultation by the Moon's dark limb. At millisecond time resolution, a characteristic diffraction pattern can be observed. Patterns for two or more sources superimpose linearly, and this property is used for the detection of binary stars. The detailed analysis of the diffraction fringes can be used to measure specific properties such as the stellar angular size and the presence of extended light sources such as a circumstellar shell. We present a list of 191 stars for which LO data could be recorded and analyzed. Results include the detection of 16 binary and 2 triple stars, all but one of which were previously unknown. The projected angular separations are as small as 4 milliarcseconds and magnitude differences as high as ?K=5.8 mag...Comment: 10 pages, 3 figures, to be published in A&

Diversity of fields and farmers : explaining yield variations in northern Cameroon

This research was inspired by the inability of agricultural research to deal adequately with phenomena of variation, diversity and heterogeneity in agriculture. Although these phenomena were observed as long ago as the beginning of this century, they are still causing concern. Until recently, analysis of variance was applied to any form of undesired variation in the experimental results. The statistical elimination of variation from the research coincided with attempts to uniformise agriculture in order to optimise production. For a long time, deviations from the standardised average were regarded as undesirable random effects.Recent research has shown that variations in yield are very common in agroecosystems. They may be large, especially under difficult climatic conditions, and may even be considered as an asset to farmers. There is evidence that variations are not random, but are the result of systematic interaction between environment, crop genotype and management. This agrodiversity has important relations with the higher-level heterogeneity of the environment and diversity of farm households. At present, no comprehensive approach to its analysis is available, largely because agrodiversity is basically multidimensional in nature and may comprise several levels of aggregation.The objective of this study was to contribute to the understanding of diversity in agroecosystems by focusing explicitly on variations of yield and their explanation at field and household level. Between 1991 and 1993, field work was done in one village in northern Cameroon. Yield variations of three crops, field properties, crop and management characteristics and household characteristics were assessed systematically. Various techniques for statistical analysis were employed to determine the magnitude of variation and to define the agrodiversity of Within the agroecosystern of the selected village, variations in yield were observed for rainfed sorghum, cotton and dry season sorghum. The magnitude of variation was more or less constant over the years of observation, but varied between the crops. Two rainfed sorghum cropping systems were distinguished and within one cropping system, three field types were defined according to their distance from the homestead. Thus stratified it was possible to reduce overall yield variation and to explain it within each stratum by a reduced number of variables. It was concluded that the composition of agrodiversity was not uniform over the strata. Yield levels, limitations and constraints of rainfed sorghum production were specific to each cropping system and field type.Of the three crops, yield variation was greatest in cotton, despite many efforts of the cotton agency to standardise its cultivation. This variation was explained by distinguishing between types of variables, each explaining cotton yield variation to a different degree and in a particular way. Dry season sorghum showed least variation in yield, although it is subject to great environmental stress. Crop genotype and management proved to be adapted to one dominant field property, i.e. the water holding capacity of the soil. All farmers, irrespective of ethnic or socio-economic origin, agreed about the need to adjust mouskouari sorghum cultivation to field characteristics that define the water availability. Processes at field level leading to agrodiversity could be summarised by (1) spatial differentiation of the fields, (2) mechanisation of labour and (3) adaptation of cultivation to the environment.Ethnic diversity explained the absolute difference in cotton production, and the distinction between rainfed sorghum cropping systems within the agroecosystem. Socio-economic diversity explained the relative differences in cotton yield, and the distinction between rainfed sorghum field types.Finally, gender differences highlighted variations in rainfed sorghum yields and in non-agricultural income. Gender differences and ethnic and socioeconomic diversity proved to be interrelated, resulting in at least three classes of women farmers.It must be concluded that within one agroecosystem, crop yields may vary considerably. The agrodiversity explaining these variations proves to be cropspecific, One agroecosystern may comprise several cropping systems and field types of the same crop. Agrodiversity is also spatially specific and is largely determined by ethnic and socio-economic diversity and gender differences at household level. The potentials and problems of crops and fields also prove to be specific to the farmer. Within the context of rural development, it is essential to distinguish between well defined target groups in order to prevent interventions from uneffective generalisation. To do so, variation, heterogeneity and diversity must be accepted as realistic phenomena in agroecosystems and considered as an important source of information

Validation of IFE-1.6 SCIAMACHY limb ozone profiles

International audienceThe IFE-1.6 scientific data set of SCIAMACHY limb ozone profiles is validated for the period August?December 2002. The data set provides ozone profiles over an altitude range of 15?45 km. The main uncertainty in the profiles is the imprecise knowledge of the pointing of the instrument, leading to retrieved profiles that are shifted in altitude direction. To obtain a first order correction for the pointing error and the remaining uncertainties, the retrieved profiles are compared to their a-priori value and ozone sondes based on absolute distance and equivalent latitude criteria. A vertical shift of the satellite profiles with 2 km downward is found to be an appropriate correction for the data set studied. A total root-mean-square difference between limb profiles and sondes of 10?15% remains for the stratospheric ozone profile after application of the correction. Small biases are left above and below the ozone maximum at mid latitudes, where the vertical gradients in the retrieved product are in general too strong