Legal Problematics in the Execution of Copyrights as Fiduciary Collateral in the Indonesian Law

Copyright is an exclusive property right that has economic rights, which can be used as a collateral on a fiduciary basis. In practice, Law of the Republic of Indonesia Number 42 (1999) concerning Fiduciary which is the legal umbrella for parties in carrying out fiduciary practices, has not fully ac...

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Bibliographic Details
Published in:International journal of criminal justice sciences 2021-07, Vol.16 (2), p.13-23
Main Authors: Wiradirja, Imas Rosidawati, Pranadita, Nugraha, RAS, Hernawati, Haspada, Deny, R, H, Anwar, A R HARRY
Format: Article
Language:English
Subjects:
Agreements
Banking
Breach of contract
Collateral
Copyright
Intellectual property
Law
Provisions
Regulation
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Summary:Copyright is an exclusive property right that has economic rights, which can be used as a collateral on a fiduciary basis. In practice, Law of the Republic of Indonesia Number 42 (1999) concerning Fiduciary which is the legal umbrella for parties in carrying out fiduciary practices, has not fully accommodated the implementation of copyright as a fiduciary collateral, especially in relation to the implementation of its execution. Therefore, it is necessary to study the legal certainty of copyright regulation as an object offiduciary collateral and how the concept of execution of copyright serve as a fiduciary collateral. The descriptive analysis method was used with a normative juridical approach to conduct this research. Secondary data was used as literature reviews and documentation research, which included statutory regulations, international treaties, opinions of legal experts, results ofprevious research, and other sources related to copyright issues and fiduciary collateral. The results of this study revealed that copyright owners face difficulties in making their creations the object of fiduciary, because of unclear implementation of said regulations including its execution. The provisions of Bank Indonesia Regulations, too, stipulate in a limited way about mobile assets that can be used as fiduciary collateral, while copyright is not listed as one of them. The study recommends creation of firm regulations that can stipulate copyrights as objects of fiduciary collateral and can benefit the creator of the copyrighted work.
ISSN:0973-5089