Implementation of Copyright as an Object of Fiduciary Collateral in Indonesia

Abstract

Objective: The aims of this study is to examine the application of copyright as an object of fiduciary guarantee in Indonesia, considering both the legal certainty aspect and a comparative analysis with other countries.   Theoretical Framework: The Fiduciary agreement mechanism is that there will be guaranteed law and mortgage rights when there is an impasse. Based on a huge need, it is necessary to offset with provision clear and complete laws governing institution guarantee.   Method: This study is normative legal research that produces prescriptive analytics of the legal issues raised. Study This uses approach laws and approaches producing a conceptual something draft where is Copyright can made as an object guarantee fiduciary.   Results: The results of this study indicate that Copyright including in object guarantee fiduciary that has fulfilled all elements and terms for become object guarantee fiduciary, then the Copyright possible for made object debt guarantee form guarantee fiduciary.   Conclusions: Application rights created as object guarantee fiduciaries in Indonesia are still hampered because regulation legislation has yet to be comprehensive. To sum it up, the types of objects are fiduciary collateral objects. Copyright, on the one hand, is included in the realm of Intellectual Property Rights (IPR). Similar properties with the right property in general (can be transferred and owned mark the economy).