Pelaku Usaha Ekonomi Kreatif: Pemberian Jaminan Kredit Berupa Hak Kekayaan Intelektual

Abstract

The high potential of the creative economy can improve the economy of business actors. The issuance of Government Regulation No. 24 of 2022 concerning the Creative Economy is an opportunity to make Intellectual Property Rights (IPR) an object of guarantee. Intellectual property-based financing schemes at bank and non-bank institutions with IPR objects use a fiduciary guarantee scheme. PP Creative Economy provides opportunities for creative economy actors to apply for credit with the guarantee of their intellectual property. IPR as debt collateral can be a new hope for creative business actors. So far, creative business actors who are not supported by adequate capital often have difficulty applying for credit from banks and financing institutions. They do not have enough assets to serve as collateral, while accepting content as collateral has also not been regulated. The opportunity to use IPR as credit collateral can encourage and stimulate the growth of the creative economy. The purpose of this study is to analyze the position of IPR as a credit guarantee with the aim of increasing the growth of creative business actors, as well as to analyze the obstacles and challenges in making IPR an object of collateral. This type of research is Normative Juridical research with a statutory approach and conceptual approach. Bank of Indonesia and Financial Services Authority (OJK) has not regulated IPR as one of the objects that can be used as collateral, yet the Government Regulation concerning Creative Economy already regulates that intellectual property can be used as an object of credit collateral because IPR is included in the category of intangible movable objects that are attached to property rights and have value. Several factors that cause difficulties in applying IPR as a collateral object include IPR is still considered a low productivity sector with high fluctuations so that IPR-based financing requires banks to prepare larger reserves. The challenges faced in making IPR as collateral include that there is no special appraisal institution to conduct collateral valuation in the form of IPR, and the procedures for executing collateral objects in the form of IPR have not been regulated.