Legal Problematics in the Execution of Copyrights as Fiduciary Collateral in the Indonesian Law

• Published in: International journal of cyber criminology Vol. 15; no. 1; pp. 133 - 142
• Main Authors: Wiradirja, Imas Rosidawati, Pranadita, Nugraha, Hernawati, Ras, Haspada, H R Deny, Anwar, A R Harry
• Format: Journal Article
• Language: English
• Published: Thirunelveli International Journal of Cyber Criminology 01.01.2021
• Subjects: Agreements; Breach of contract; Collateral; Copyright; Intellectual property; Law; Provisions; Regulation; Indonesia
• ISSN: 0974-2891
• DOI: 10.5281/zenodo.4766538

Copyright is an exclusive property right that has economic rights, which can he used as a collateral on a fiduciary basis. In practice. Law of the Republic of Indonesia Number 42 (1999) concerning Fiduciary which is the legal umbrella for parries in carrying out fiduciary practices, has not Hilly accommodated the implementation of copyriglit as a fiduciary collateral, especially in relation to the implementation ol its execution. Therefore, it is necessary to study the legal certainty of copyright regulation as an object of fiduciary collateral and how the concept of execution of copyright serve· as a fiduciary collateral. The descriptive analysis method was used with a normative juridical approach to conduct this research. Secondary data was used as literature reviews and doi-umcntation research, which included statutory regulations, international treaties, opinions of legal experts, results of previous research, and other sources related to copyriglit issues and fiduciary' collateral. Tlie results of this study revealed that copyright owners face difficulties in making their creations the object of fiduciary, because of unclear implementation of said regulations including its execution. The provisions of Bank Indonesia Regulations, too, stipulate in a limited way about mobile assets that can be used as fiduciary collateral, while copyright is not listed as one of them. The study recommends creation of firm regulations that can stipulate copyrights as objects of fiduciary collateral and can benefit the creator of the copyrighted work.