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ANALISIS TERHADAP PEMBERLAKUAN PENDAFTARAN HAK CIPTA YANG DIJADIKAN SEBAGAI JAMINAN FIDUSIA
Copyright is a form of IPR that has the broadest scope, covering science, art and literature, content and computer programs. There are two types of rights in copyright, namely economic rights and moral rights. Economic rights are the rights that a creator has in order to make a profit. Meanwhile, moral rights are rights that protect the interests of the creator. Economic rights in copyright can be transferred in whole or in part in the form of inheritance, will, gift and agreement. From this, copyright can be used as an object of credit collateral because it has eligibility as regulated in Article 16 paragraph (3) of Law Number 28 of 2014 concerning Copyright which states that copyright can be used as an object of fiduciary collateral. Apart from that, the application of copyright as a fiduciary guarantee is also regulated in Article 1 point 4 of Government Regulation Number 24 of 2019 concerning the Creative Economy. However, the presence of regulations is considered unable to provide legal certainty regarding the implementation of this scheme. This is because it still raises problems such as the mechanism for evaluating the economic value of copyright and ensuring the execution of copyright if a default occurs. The absence of specific guidelines for assessing the economic value of copyright and the execution of copyright in the event of default and the absence of an institution that has special competence in implementing this scheme are important things to consider. This research is library research using analytical descriptive research methods using a normative juridical approach in the form of a statutory approach used to study regulations with the object under study. It is hoped that legal protection theory and benefit theory can analyze the problems contained in this research. The results of this research show that first, even though we have SPI 321 to carry out asset valuation, we still need specific assessment guidelines related to assessing the economic value of copyright. Second, it is necessary to establish institutions that have special competencies other than MAPPI and DJKI to maximize the implementation of copyright as credit collateral. Third, the mechanism for applying for credit with copyright guarantees needs to be thoroughly socialized in society so that it can increase public knowledge and interest.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS TERHADAP PEMBERLAKUAN PENDAFTARAN HAK CIPTA YANG DIJADIKAN SEBAGAI JAMINAN FIDUSIA (Text)
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346.04 HAKI, Undang-undang Hak Cipta, Copy Right