Al-Adalah: Jurnal Hukum dan Politik Islam
Vol 10 No 1 (2025)

Challenges in the Implementation of Intellectual Property Rights as Fiduciary Collateral in Indonesia

Panjaitan, Haposan (Unknown)
Arifardahni, Yoyo (Unknown)
Samosir, Tetti (Unknown)



Article Info

Publish Date
27 Mar 2025

Abstract

Intellectual property rights (IPRs) refer to legal entitlements from intellectual and creative efforts, resulting in intangible assets. Copyright, as a specific form of IPR, is classified as an intangible movable property and is legally recognized as a potential object of fiduciary security in Indonesia. Despite regulatory developments—particularly Government Regulation No. 24 of 2022 concerning the creative economy—the practical implementation of IPR-based collateral remains constrained by the absence of standardized valuation mechanisms, institutional readiness, and legal certainty. This study employs a normative juridical method grounded in statutory and doctrinal analysis to examine the valuation framework of copyrights as fiduciary collateral and the legal role of public notaries and certified appraisers. The findings reveal that regulatory inconsistencies and the lack of operational guidelines inhibit financial institutions from accepting copyright as a credible collateral asset. Moreover, the role of notaries is pivotal in affirming ownership validity and ensuring the legal enforceability of fiduciary deeds involving intellectual property.

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Journal Info

Abbrev

aladalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Adalah : Jurnal Hukum dan Politik Islam is an academic journal for Legal Studies published by Study Program of Constitutional Law, Shariah and Islamic Law Faculty, Islamic State Institute of Religion (IAIN) Bone, Indonesia. Al-Adalah: Jurnal Hukum dan Politik Islam contains several researches and ...