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All Journal Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Rofi Wahanisa
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Intellectual Property as Fiduciary Collateral in Indonesian Banking: Legal Guarantees and Creative Economy Financing Ulil Albab Junaedi; Rofi Wahanisa; Martitah Martitah
Pandecta Research Law Journal Vol. 21 No. 2 (2026): December, 2026 (In Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i2.33068

Abstract

Indonesia recognizes intellectual property rights (IPR) as intangible movable assets that may secure financing, yet banking practice still treats IPR as marginal collateral. This study examines how Indonesian law positions IPR as fiduciary collateral, what legal guarantees protect banks and creative economy actors, and why implementation remains limited after Government Regulation No. 24/2022. Using normative legal research, this article analyzes the Copyright Law, Patent Law, Fiduciary Guarantee Law, Creative Economy Law, Government Regulation No. 24/2022, OJK Regulation No. 40/POJK.03/2019, and the 2025 regulation on intellectual property valuers. The analysis is supported by official creative economy data and comparative case studies from Singapore, the United Kingdom, and the United States. The findings show that copyright and patent rights can be bound through fiduciary security because they are transferable economic rights with asset value. The legal guarantees consist of a notarized fiduciary deed, registration, preference rights, third-party enforceability, and execution rights after default. The main implementation gap lies in valuation, secondary market uncertainty, and the absence of IPR from the collateral categories recognized for bank provisioning under OJK asset-quality rules. The novelty of this article lies in connecting IPR doctrine, fiduciary security, prudential banking regulation, and the new Indonesian framework for registered intellectual property valuers.
Electronic Land Certificates: A Breakthrough in Digital Transformation or a New Challenge to Legal Certainty Mustofa Abdul Basir; Pipit Saputri Utami; Rofi Wahanisa; Suhadi Suhadi
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.39090

Abstract

Digital transformation in the legal sector has become inevitable, including in Indonesia’s agrarian governance system through the implementation of electronic land certificates. Nevertheless, the transition from conventional land certificates to digital documents also generates challenges related to legal certainty and public trust toward digital governance. This article aims to analyze whether electronic land certificates represent a genuine digital breakthrough or instead create new legal and social vulnerabilities. This study employs a qualitative approach through analytical methods and secondary data observation. The findings demonstrate that the success of electronic land certificates is not solely determined by technological sophistication, but also by regulatory readiness, institutional accountability, cybersecurity protection, and the level of public digital literacy. The study further reveals that community resistance and fearfulness remain significant due to concerns regarding cyberattacks, misuse of personal data, inequality in digital infrastructure, and the declining symbolic legitimacy of physical land certificates within agrarian culture. This study suggest that the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) strengthen transparent governance mechanisms, improve public participation, and establish adaptive legal standards concerning digital evidence and electronic land administration. In addition, the Ministry of Communication and Digital Affairs should reinforce cybersecurity infrastructure, expand equitable internet access, and formulate stronger personal data protection frameworks to ensure that the digital transformation of Indonesia’s land system remains legally secure, socially accepted, and institutionally sustainable.
Co-Authors Martitah Martitah Mustofa Abdul Basir Pipit Saputri Utami Suhadi Suhadi Ulil Albab Junaedi