Qualification of Copyrights as Objects on Fiduciary Warranty Objects

Abstract

The economic and legal development of Copyright in Law Number 28 of 2014 concerning Copyright provides new regulations regarding Copyrights that can be used as objects of Fiduciary Guarantees. Article 16 paragraph (3) UUHC provides an opportunity to bind Copyrights as objects of Fiduciary Guarantees, Copyrights include intangible movable objects that are born in a declarative manner. However, based on the Civil Code, whoever has a right or proposes an act to confirm his right, or to refute the rights of others, must prove the existence of that right or the existence of such an act. The regulation regarding Copyright as the object of Fiduciary Guarantee is in accordance with the provisions on the loading, registration and transfer of Fiduciary Guarantee in Law Number 42 of 1999 concerning Fiduciary Guarantee. Philosophically, copyright as a material right is in accordance with the legal system of objects in Indonesia where each "object" and "right" can be controlled by property rights, as "intangible objects" which can be used as objects of guarantee as mandated by UUHC. The regulation of copyright as a fiduciary guarantee must have clear and detailed qualifications related to the assessment of copyright in each type of copyright that has been stipulated in the UUHC, there must be new operational regulations on fiduciary guarantees for each type of copyright so that it can be fully Fiduciary guarantees can be carried out in the banking sector.