Abstract :
Fiduciary guarantees are one of the guarantees that are in demand in the banking world. This research departs from Article 16 paragraph (3) of the Copyright Law which states that copyright can be used as an object of fiduciary guarantee. The purpose of this study is to determine the implementation of regulations on copyright as an object of fiduciary guarantee in the practice of providing credit through banks, and regarding the binding of copyright as an intangible object so that it can be used as collateral in providing credit in accordance with banking functions.
This research was conducted using a normative-juridical method equipped with interviews with banks in Sukabumi City regarding the implementation of copyright arrangements as credit guarantees in Sukabumi City. Then for the binding of copyright as an object of guarantee, it is carried out with the literature study method which is then analyzed descriptively-normatively. In this study, data was found thatshowed that there was no implementation of copyright as collateral in Sukabumi City Banking. One of the reasons for the absence of copyright as a guarantee is that there are still weaknesses in Law No.28/2014 on Copyright. The lack of socialization from the Government has resulted in not all banks knowing information about the provisions of Article 16 paragraph (3) of the Copyright Law.
Thus, it can be concluded that the elements that make copyright not yet applied as collateral to banking are the provisions of the use of copyright as collateral, there are still weaknesses. These weaknesses are obtained in terms of the value of guarantees and the absence of financial evaluation institutions that have the ability to evaluate the economic value of copyrights. In the process of executing the object of guarantee by using copyright will also take longer because it is judged that it willbe more difficult.