PROBLEMATIKA PERBANKAN SELAKU KREDITUR DALAM PERJANJIAN KREDIT DENGAN HAK CIPTA SEBAGAI JAMINAN FIDUSIA

Abstract

The article is intended to find out about the protection of the law and the problems for banks in agreement credit with the rights of copyright as a collateral fiduciary. The method of research that is used in the writing of the law this is a method of research legal normative or research the law (Legal Research ), the type of data used ie the data of secondary that is composed of materials law primer that provision regulatory laws and legislation, and material laws secondary ie, documents and literature. Mechanical collection of material law in a study this using a technique library (library research) or the study of documents and interviews with parties related. Data processed by using materials analysis techniques with the syllogism method that uses deductive thinking patterns. The results of the research that guarantee Fiduciary who is one of the types of collateral material are governed Act No. 42 the Year 1999 concerning Guarantee fiduciary. Article 1 of Law No. 42 the Year 1999 concerning Guarantee fiduciary provides limits and understanding of the fiduciary is a transfer of the right of ownership of an object on the basis of trust with the provisions of that object that the rights of ownership transferred remain in control of the owner of the object. The use of Copyright as a Fiduciary Guarantee can not be separated from the characteristics of the objects of the Fiduciary Guarantee. Characteristics of objects that can be pledged as objects Collateral Fiduciary is the object that has the value economically. Settings Rights Reserved are used as Collateral Fiduciary in the Bank is not regulated in the Regulation of Bank Indonesia number 7/2 / PBI / 2005 in conjunction with Regulation of Bank Indonesia number 9/6 / PBI / 2007 on Collateral Banking. In practice, Hak Cipta is used as Collateral Fiduciary must be through the process of appraisal (appraisal, valuation). The problem that occurred in Indonesia is not the availability of agency valuation that aims to assess the Face of Hak Cipta such.

Keyword: Collateral; Fiducia; Copyrigt; Agreement Credit.