%A NIM.: 21103040143 Nugi Triyovi Yanto
%O Dr. Sri Wahyuni, S.Ag, M.Ag, M.Hum
%T ANALISIS TERHADAP PEMBERLAKUAN PENDAFTARAN HAK CIPTA YANG DIJADIKAN SEBAGAI JAMINAN FIDUSIA
%X 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.
%K Hak Cipta, Jaminan Fidusia, HAKI
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib70015