LEGAL CERTAINTY OF COPYRIGHT AS FIDUCIARY GUARANTEE IN BANKING IN INDONESIA

Abstract

The Copyright Law and the Fiduciary Guarantee Law provide opportunities for copyright to be used as collateral. Implementation in the banking sector is still very limited, mainly due to the lack of adequate legal certainty regarding the mechanism for collateral. Using a normative juridical method and legislative and conceptual approaches, this study found that the existing legal framework does not provide clear standards regarding copyright valuation, the procedure for imposing a fiduciary charge on economic rights, and execution procedures when the debtor defaults. This condition leads to high legal risks for banks, thus reducing financial institutions’ interest in accepting copyrights as collateral. Therefore, regulatory harmonisation, technical assessment guidelines, and the strengthening of enforcement mechanisms are needed to achieve legal certainty and promote the optimisation of copyright as a financing instrument within the Indonesian banking system.

keywords : Legal Certainty, Copyright, Fiduciary, Banking, Indonesia.