COPYRIGHT AS A GUARANTEE OF FIDUSIA IN THE EFFORTS TO ACCELERATE INDONESIA’S CREATIVE ECONOMIC GROWTH

Abstract

The intangible subsector creative industry financing scheme as stipulated in Article 16
paragraph (3) of the Copyright Law No. 28 of 2014, namely that copyright can be the object
of fiduciary collateral, which is a solution to the constraints of creative entrepreneurs in terms
of collateral requirements for obtaining bank credit, due to the exclusive rights of both
economic rights and moral rights possessed by copyright owners.The guarantee is regulated
by Law No. 42 of 1999 concerning Fiducia. However, in the implementation of these
arrangements have not been effectively used. There are obstacles to the lack of concept and
legal system based on the principle of legal certainty (rechtmatigheid), the principle of legal
justice (gerectigheid), and the principle of legal benefit (zwechtigheid). related to IPR assets
as objects of bank credit guarantees is the main thing that banking financial institutions have
not been able to accept copyrights as fiduciary objects for bank credit.This study aims to
determine how Copyright can be used as an object of fiduciary security and how the
implementation of Copyright as a fiduciary guarantee in an effort to accelerate Indonesia's
economic growth. This study uses descriptive qualitative and analytical juridical research
specifications with historical legal interpretation methods and legal construction. Data
collection techniques carried out with the study of literature to collect and compile data
related to the problem under study. Improvements to the Law No. 28 of 2014 concerning
Copyright and Law No. 49 of 1999 concerning Fiduciary collateral and related Banking
regulations as a copyright-regulated harbor as an object of fiduciary collateral that can be
made as a comprehensive debt guarantee as an effort to accelerate creative economic growth.