Fiduciary Guarantee Phenomenon Regarding Intellectual Property Rights in Indonesia

Siti Malikhatun Badriyah and R. Suharto Marjo
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Siti Malikhatun Badriyah: Faculty of Law, Diponegoro University, Semarang, Central Java, Indonesia
R. Suharto Marjo: Faculty of Law, Diponegoro University, Semarang, Central Java, Indonesia

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 11, 1288-1293

Abstract: Collateral is one of the special guarantees. Collateral gives rise to material rights. One of the material guarantees that is widely used is fiduciary guarantees. Intellectual Property Rights can be the object of fiduciary guarantees, but in their implementation there are still various obstacles. This research aims to determine and analyze the phenomenon of fiduciary guarantees on Intellectual Property Rights. This research uses a socio-legal approach, integrating normative and sociological research. The research results show that Intellectual Property Rights can be qualified as intangible objects. Thus, in principle, intellectual property rights can be the object of collateral. One of the most possible material guarantees is fiduciary guarantees. Although Intellectual Property Rights as an object of fiduciary security have been mentioned in statutory regulations, further regulations are not yet clear. In the implementation of Fiduciary Guarantees with Intellectual Property Rights objects, there are still various obstacles, including Appraisal which estimates the value of the guarantee, the economic value is easy to change, Execution in the event of a debtor defaulting. This has the implication that not many financial institutions are willing to accept guarantees for Intellectual Property Rights.

Date: 2024
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