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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Meita Fadhilah
Universitas Singaperbangsa Karawang
Law, Crime, Criminology & Criminal Justice

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Optimizing the Intellectual Property Rights as Banking Credit Collateral by Art Workers in Karawang Tri Setiady; R. Siti Sumartini; Meita Fadhilah; Erdin Tahir
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5741

Abstract

As proprietors of Intellectual Property Rights (IPR), creative professionals (designers, creators, and inventors) in Karawang regency own exclusive rights that enable them to independently profit from their works in the form of royalties or licensing. However, in reality, they have difficulties in accessing capital needed to expand their business. Some financial institutions might not accept IPR as collateral for credit even though the law principally states that they are valuable assets and therefore eligible as collateral. Copyright Law No. 28 of 2014 (Article 16) and Patent Law No. 13 of 2016 (Article 108) both permit owners and holders of intellectual property rights to utilize such rights as collateral for loans under a fiduciary arrangement. The laws should apply to copyrights and patents, but so far they haven't, which is a shame because in theory they should. The lack of a change to Article 43 of BI Regulation Number 14/15/PBI/2012, which pertains to the forms of credit collateral, makes it difficult to use intellectual property rights as security for loans. To make the concept relevant, the regulation has to be changed
Co-Authors Erdin Tahir R. Siti Sumartini Tri Setiady