ANALISIS YURIDIS TERHADAP PELAKU USAHA KREATIF YANG MEMILIKI HAK CIPTA DALAM PENGAJUAN KREDIT DI PERBANKAN

Fadya Putri Nurhaliza, NIM.: 18103040061 (2022) ANALISIS YURIDIS TERHADAP PELAKU USAHA KREATIF YANG MEMILIKI HAK CIPTA DALAM PENGAJUAN KREDIT DI PERBANKAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Creative business actors who, in principle, in the aspect of creativity in their implementation require the support of other aspects, such as capital facilities. In practice, creative business actors rely more on their own capital than relying on other sources of capital such as credit guarantees in banks. The government in overcoming this problem made Law Number 28 of 2014 concerning Copyrights to support creativity produced by creative business actors who are protected by copyright to be submitted as objects of credit guarantees. The credit that can be applied to the creativity protected by copyright is a fiduciary guarantee. However, this background raises several problems including problems that make it difficult for creative business actors to guarantee copyright as a fiduciary guarantee in banking, the cause of banks not being able to enforce copyright guarantees as fiduciary guarantees, and efforts that can be made so that creative business actors can apply for rights. copyright as an object of fiduciary guarantee in banking. This study uses qualitative research methods, the approach used is normative-juridical with analytical descriptive nature. the compiler obtained data from interviews with the Ministry of Law and Human Rights, banks, notaries and creative business actors. This study aims to obtain data relating to copyright as an object of fiduciary guarantee, about the provisions for filing a guarantee and its constraints, and to find a solution so that copyright can be guaranteed for credit in banks. The theories used in this study include the theory of legal protection, the theory of copyright, and the theory of fiduciary guarantees. The results obtained by the authors related to research on Legal Protection Against Creative Business Actors Who Have Copyright in Applications for Credit in Banking are copyrights so far cannot be guaranteed as objects of fiduciary guarantees in banking. Although copyright guarantees have been included in the legislation, there are no further regulations regarding how to guarantee copyright. So that the guarantee of copyright has obstacles that are currently still a problem for the government. Therefore, a new policy is needed so that copyright can be guaranteed as an object of fiduciary guarantee in banking. By guaranteeing copyright as an object of guarantee in banking, it is hoped that it can provide legal protection not only for creations but also for creative business actors in guaranteeing copyright in the form of credit in banking.

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