LEGAL UNCERTAINTY IN REGULATION OF INTELLECTUAL PROPERTY BASED FINANCING SCHEMES: Implications for Banking Practices

Jennifer Natalia Abigael L Tobing, . (2024) LEGAL UNCERTAINTY IN REGULATION OF INTELLECTUAL PROPERTY BASED FINANCING SCHEMES: Implications for Banking Practices. Syiah Kuala Law Journal, Vol. 9 (1). pp. 190-204. ISSN 2580-9059

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Abstract

Indonesia is one of the countries experiencing rapid growth in the creative economy. However, the implementation of intellectual property-based financing policies as debt collateral faces various challenges. This study aims to analyze regulations governing intellectual property-based financing schemes in Indonesia, evaluate their comparison with practices in the United States, and identify the impact of legal uncertainty in these regulations on the decision-making of banking institutions. The research employs a normative method, complemented by interviews with representatives of banking institutions in Indonesia to obtain firsthand insights into the obstacles to implementing this policy. The study finds that existing regulations, particularly Government Regulation (PP) Number 24 of 2022, do not provide adequate guidance regarding the mechanisms for valuation, execution, and management of intellectual property as debt collateral. Compared to the United States, which has established a more comprehensive system for intangible asset valuation, Indonesia still requires significant development in its legal and technical infrastructure. The lack of clarity in these regulations has resulted in low interest from banking institutions in accepting intellectual property as collateral, potentially hindering the growth of the creative economy sector. This study is expected to provide strategic recommendations for the government to draft more detailed and implementable regulations, thereby minimizing the risks for banking institutions and encouraging the utilization of intellectual property as a bankable asset.

Item Type:	Article
Additional Information:	[No. Panggil: 2110611183] [Pembimbing: Rianda Dirkarezha] [Penguji 1: Andriyanto Adhi Nugroho] [Penguji 2: Rianda Dirkarezha]
Uncontrolled Keywords:	Creative economy; intellectual property;debt collateral;PP Number 24 of 2022;legal uncertainty
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	JENNIFER NATALIA ABIGAEL L TOBING
Date Deposited:	17 Feb 2025 08:13
Last Modified:	17 Feb 2025 08:13
URI:	http://repository.upnvj.ac.id/id/eprint/35719

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