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All Journal Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Martitah Martitah
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.
Normative Dissonance Of The Precautionary Principle In Extractive Mining Governance: A Critical Analysis Of Indonesia's Achievement Of SDG 13 Izzul Munna; Martitah Martitah; Duhita Driyah Suprapti; Karno Roso
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.v21i2.62163

Abstract

This article examines the dissonance between the normative position of the precautionary principle in Indonesian environmental law and the practice of governance in extractive mining permits following the enactment of the Omnibus Law on Job Creation. Using a normative juridical approach supported by case studies in three locations – coal mining and forestry in Wadas Village, Kutai Kartanegara Regency, and Boven Digoel – the article shows that the shift in the licensing regime from a precaution-based approach to a risk-based licensing approach has weakened the legal instruments that should prevent environmental damage early on, with direct implications for the failure to achieve the 13th Sustainable Development Goal (Climate Action). Unlike existing literature, which generally frames this issue as an implementation failure or misuse of administrative discretion, this article argues that the dissonance is built-in in the architecture of risk-based licensing law itself. By combining Lawrence Friedman's Legal System Theory and Mahfud MD's Legal Politics Theory, this article argues that the weakening of the precautionary principle is a product of political configurations that deliberately prioritize the acceleration of extractive investment over the prevention of ecological and climate risks. The article concludes with a proposal for a normative reformulation so that the precautionary principle can function as a genuinely precautionary and accountable legal instrument for national climate mitigation targets
Co-Authors Duhita Driyah Suprapti Izzul Munna Karno Roso Rofi Wahanisa Ulil Albab Junaedi