LOHHH HAK CIPTA BISA DIJAMINKAN DENGAN FIDUSIA? [BELAJAR HKI]

Summary

In this video, the speaker explores the concept of using copyright as a fiduciary guarantee, a relatively new legal idea in Indonesia. They explain how copyright, an intangible intellectual property right, can be used as collateral for loans according to Indonesian law. Drawing from their own research, the speaker discusses the challenges and legal framework behind this process, referencing the Copyright Act (2014) and the Fiduciary Guarantee Law (1999). Despite theoretical allowances for this practice, practical challenges such as execution and the creation of legal documents are significant hurdles that still need addressing.

Takeaways

• 😀 Copyright can be used as collateral under fiduciary security according to Indonesian law.
• 😀 Fiduciary security applies to intangible assets, such as copyright, as well as tangible ones.
• 😀 Copyright is an exclusive right of creators, as defined by the Indonesian Copyright Law (UU No. 28/2014).
• 😀 The concept of fiduciary security is governed by the Indonesian Fiduciary Security Law (UU No. 42/1999).
• 😀 Fiduciary security allows the transfer of ownership rights over objects (both tangible and intangible) as collateral for loans.
• 😀 One key challenge in using copyright as collateral is its intangible nature, which complicates the execution process.
• 😀 Copyright has two main types of rights: moral rights and economic rights, with only economic rights being applicable for fiduciary security.
• 😀 The economic rights in copyright, such as distribution and reproduction, are what provide value for fiduciary security.
• 😀 In practice, using copyright as fiduciary collateral has not been widely implemented due to legal and practical hurdles, such as execution mechanisms.
• 😀 The process of notarizing fiduciary security for copyright requires collaboration between notaries, financial institutions, and copyright holders.

Q & A

What is the main topic discussed in this video?

The main topic of the video is the concept of copyright as a type of intellectual property that can be used as collateral in a fiduciary guarantee, according to the relevant laws in Indonesia.

Can copyright be used as collateral in a fiduciary guarantee?

Yes, according to Article 16, Paragraph 3 of the Indonesian Copyright Law (Law No. 28 of 2014), copyright can be used as collateral in a fiduciary guarantee, as it is considered an intangible asset with economic value.

What is fiduciary guarantee, and how does it relate to copyright?

A fiduciary guarantee is a legal mechanism that allows movable or immovable assets to be used as collateral for loans. Copyright, although intangible, can be included in this guarantee system due to its economic value, specifically the economic rights attached to it.

What is the definition of copyright in Indonesian law?

Copyright is defined as the exclusive right of the creator over their work, granted based on the declarative principle, which arises as soon as the work is realized in a tangible form (Law No. 28 of 2014).

What are the two main categories of rights within copyright?

Copyright includes two main categories: moral rights and economic rights. The economic rights are specifically those that can generate financial benefits for the creator, such as the rights to distribute, reproduce, or broadcast their work.

Why is copyright considered a movable asset in the context of a fiduciary guarantee?

Copyright is considered a movable asset because it is intangible, meaning it does not have a physical form but still holds economic value. This allows it to be treated as a movable asset under fiduciary guarantees, even though it is not a physical object.

What are the main obstacles in applying copyright as fiduciary collateral in practice?

The main obstacles include the lack of clear guidelines for executing a fiduciary guarantee involving intangible assets like copyright and the complexity of creating an official fiduciary deed for copyright. Additionally, the need for coordination between notaries, financial institutions, and copyright holders remains a challenge.

How can the fiduciary guarantee system be applied to copyright in practice?

In practice, applying fiduciary guarantees to copyright would require legal clarity on execution procedures, including how to assess and secure the economic rights attached to a work. Notaries would also need to draft fiduciary deeds specifically for intangible assets like copyright.

What is the role of a notary in the fiduciary guarantee process for copyright?

A notary would be responsible for creating the fiduciary deed for the copyright holder, ensuring that the copyright is legally recognized as collateral. This process is new and requires the notary to understand both the legal and practical aspects of copyright law.

What legal challenges might arise in enforcing a fiduciary guarantee on copyright?

One major challenge is how to execute the collateral if the borrower defaults, as copyright is intangible. There is no specific regulation yet on how to enforce the execution of intangible assets like copyright, making the process uncertain and complex.