PELAKSANAAN DAN HAMBATAN HAK CIPTA SEBAGAI OBJEK JAMINAN FIDUSIA

Abstract

Intellectual Property Rights as part of the legal system are closely related to the business world, especially with industry, trade and investment. Intellectual Property Rights are stimulated by an increase in intellectual works as well as research and development capable of producing new techniques and technologies that will stimulate the business world. Copyright is one part of intellectual property that has the widest scope of protected objects, because it includes science, art and literature. Copyright is the most important basis of the national creative economy and has a strategic role in supporting national development and promoting public welfare as mandated by the 1945 Constitution of the Republic of Indonesia. Provisions Regarding Copyright that can be used as Fiduciary Guarantees are contained in Article 16 paragraph 3 UUHC of 2014. This is very important, meaning that creators of copyrighted works can access credit by pledging their creations through Fiduciary Guarantees. Article 16 paragraph 3 UUHC of 2014 emphasizes that creators can guarantee their creations through a Fiduciary Guarantee. The research method used is normative juridical accompanied by interviews. Approach with primary legal materials, namely Law no. 49 of 1999 concerning Fiduciary Guarantees, Law no. 28 of 2014 concerning Copyright and Government Regulation Number 24 of 2022 concerning the Creative Economy. The results of the study explain that the implementation of Copyright as an Object of Fiduciary Guarantee is that the creator first registers his creation with the Directorate General of KI, then submits a credit financing proposal at the Bank, after the Bank agrees then a credit agreement occurs, then the Bank will request collateral data in the form of proof of a letter of registration of creation as guarantee, then a fiduciary guarantee deed is drawn up and registered with the Director General of AHU by a notary, who then issues a Fiduciary certificate in the form of a Copyright. In 2022 there are already 4 applicants who guarantee their Copyrights as Fiduciary Guarantee Objects. However, in fact the Bank still encounters difficulties in implementing this regulation. These obstacles are related to market value/valuation, implementing regulations, lack of interest, lack of respect for Copyright by the Indonesian people.