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ANALISIS YURIDIS PROBLEMATIKA HAK CIPTA SEBAGAI COLLATERAL DALAM JAMINAN FIDUSIA DI LEMBAGA PERBANKAN
The position of copyright as an object of fiduciary guarantee has been regulated in Article 16 paragraph (1) and (3) of Law Number 28 of 2014 concerning Copyright. The article states that copyright is an intangible movable object that can be used as an object of fiduciary guarantee. Furthermore, Article 1 number 4 of Government Regulation Number 24 of 2022 concerning the Creative Economy also regulates the intellectual property-based financing scheme which makes intellectual property an object of debt guarantee for banking and non-bank financial institutions. However, in practice, no banking institution has accepted copyright as collateral. This study aims to analyze the implementation, obstacles, and efforts that can be made so that copyright can be accepted as collateral in fiduciary guarantees in banking institutions. This research is a juridical-empirical research (field research), using a descriptive analytical research method and using a normative juridical approach in the form of a statute approach to examine regulations with the object being studied. The data collection techniques used in this study were library research and interviews with various related parties. The results of this study showed that first, the implementation of copyright as collateral in fiduciary guarantees in banking institutions is still ineffective, because it is constrained by 5 (five) factors, namely the legal factor itself (law), law enforcement factors, infrastructure factors, community factors, and cultural factors. Second, the obstacles in the implementation of copyright as collateral in fiduciary guarantees in banking institutions, namely the legal substance is not yet operational and applicable enough, the lack of readiness of law enforcers, the lack of supporting infrastructure and facilities, the low understanding and awareness of the community's law, and the community's legal culture does not yet support. Third, efforts that may be made so that copyright can be immediately accepted as collateral in fiduciary guarantees in banking institutions, namely the renewal of legal substance, increasing the competence of law enforcers, increasing infrastructure and supporting facilities, increasing the community's understanding and awareness of law, and encouraging changes in legal culture in society.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS YURIDIS PROBLEMATIKA HAK CIPTA SEBAGAI COLLATERAL DALAM JAMINAN FIDUSIA DI LEMBAGA PERBANKAN (Text)
ANALISIS YURIDIS PROBLEMATIKA HAK CIPTA SEBAGAI COLLATERAL DALAM JAMINAN FIDUSIA DI LEMBAGA PERBANKAN (Other)
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346.04 HAKI, Undang-undang Hak Cipta, Copy Right