Produk Ekonomi Kreatif sebagai Objek Jaminan Fidusia Kaitannya dengan Undang-Undang No 24 Tahun 2019 tentang Ekonomi Kreatif

Abstract

The creative economy has become a growing trend in society due to its nature as an intangible asset with significant economic and investment potential. It is considered a renewable and unlimited resource. This sector includes ideas, concepts, and human creativity, all of which are highly dependent on the protection and enforcement of Intellectual Property Rights (IPR). In the development process, IPR arising from the creative economy can be used as fiduciary collateral with government facilitation. This is stipulated in Article 16 paragraph (1) of Law No. 24/2019, which mandates the government to support creative economy actors through intellectual property-based financing schemes, enabling them to obtain funding or credit from banking and non-banking financial institutions. This research aims to examine the regulation of creative economy products as objects of fiduciary collateral and the challenges involved in utilizing such products for that purpose. This study uses normative legal research methods, relying on secondary data sources, including primary, secondary, and tertiary legal materials. Data were collected using literature review techniques and analyzed using qualitative data analysis methods. The results of this study conclude that although there are 17 sub-sectors within the creative economy, not all products can automatically be used as fiduciary collateral. There are four key requirements that must be fulfilled: a creative economy business financing proposal, proof of ownership of the intellectual property of the product, proof of ownership of the creative economy business, and an intellectual property certificate. In practice, implementation is still hindered by the absence of technical guidelines for the intellectual property-based financing scheme, unclear valuation systems for intellectual property assets, and a lack of certified intellectual property appraisal institutions authorized by the government.