Copyright as Credit Collateral in Legal Perspective: Evidence from Indonesia

Abstract

Objective: There are two main points in this legal research: (1) to analyze the legal problem of copyright as credit collateral in Indonesia (2) and to compare copyright law arrangement in South Korea. Method: This study uses normative legal research. The legal documents used are South Korean and Indonesian copyright laws and regulations. Utilizing techniques from literature studies, the procedure of gathering legal materials is carried out. Results: There are still issues with the regulation and application of the law in Indonesia, particularly in relation to the issue of valuation and appraisal for the liquidation of intellectual property law (hereafter referred to Indonesia language as HKI) because there isn't a secondary market, the legal infrastructure mechanism for executing HKI is unclear. Conclusions: In contrast to Indonesia, South Korea itself has rules and regulations for copyright assessment that have been supported by the South Korean Government, such as having a special panel of judges that exclusively handles HKI disputes, copyright collection agencies in South Korea have trusteeship agreement with copyright holders so that their copyrights are transferred to copyright collection agencies as trust property. This legal problem occurs because the implementation of regulations in Indonesia still overlaps, so that the implementing rules are still not optimal.