Data Riset

Research is a process of systematic inquiry that entails collection of data; documentation of critical information; and analysis and interpretation of that data/information, in accordance with suitable methodologies set by specific professional fields and academic disciplines.

Execution of Copyright as Collateral for Materials in Credit Agreements

One of the non-physical assets that is still difficult to guarantee to obtain financing from banks is copyright, which is the main topic of this article. In fact, when valued in money, copyright can have fantastic value. Copyright is an intangible movable object that can be transferred or transferred in whole or in part. Copyright can be used as fiduciary collateral because it fulfills one of the requirements as an object of collateral, but is limited to economic rights. Copyright that will be used as an object of fiduciary collateral must first be registered by the fiduciary recipient (creditor) at the Fiduciary Registration Office. After the Fiduciary Registration Office issues a fiduciary guarantee certificate, copyright as an object of fiduciary guarantee has the same executorial power as a court decision that has obtained permanent legal force. The regulation of article 16 paragraph (3) of Law Number 28 of 2014 concerning Copyright has the potential to cause legal problems in practice if there are no regulations that really regulate the provisions for implementing copyright binding which can be used as an object of fiduciary guarantees and other legal problems, namely when the debtor commits a breach of contract. or default, copyright execution will be difficult because copyright is an intangible object and its execution will pose a risk for the lending institution in assessing the intangible collateral object such as copyright. And the execution only refers to the main rules, namely Law Number 49 of 1999 concerning Fiduciary Guarantees