Juridical Review of Copyright (Youtube Content) as an Object of Debt Guarantee in Bank According to Positive Law in Indonesia

Abstract

This research aims to analyze the regulation of copyright on YouTube content as an object of debt collateral at banks, to analyze legal protection for creditors holding fiduciary guarantees on copyright on YouTube content, and to analyze the arrangements for executing fiduciary guarantees in the form of copyright on YouTube content. By using normative legal research methods. The results of this research show firstly, copyright for YouTube content as a collateral object has been regulated in Government Regulation Number 24 of 2022 concerning Implementing Regulations Implementing Regulations for Law Number 24 of 2019 concerning the Creative Economy. Second, the legal protection obtained by creditors as collateral holders is divided into two, namely preventive legal protection in the form of orders for banks to follow the precautionary principle when providing credit to customers, and the object of collateral provided by customers. Then, repressive legal protection in the form of orders for banks as creditors to impose sanctions such as fines, imprisonment and additional penalties given if a dispute has occurred as well as carrying out the execution of copyright on YouTube content. Third, arrangements for the execution of copyright on YouTube content in fiduciary guarantees can be implemented through transfer by written agreement in accordance with the provisions in Article 16 of Law Number 28 of 2014 concerning Copyright. Transfers by written agreement should be written down in the form of a notarial deed, then registered with the Directorate General of Intellectual Property Rights with an administrative fee charged. From the results of utilizing the economic rights inherent in the copyright for YouTube content, the creditor collects the repayment of the receivable. Dispute resolution can be done through litigation and non-litigation.