Development of Micro, Small, Medium Enterprices Intellectual Property Rights as Fiducia Guarantee Object in Credit Agreement in Banking Institutions in Indonesia

Abstract

Intellectual Property as a material right can be used as a fiduciary guarantee. This study aims to analyze the factors that influence banking institutions not yet utilizing the MSMES IPR as a fiduciary guarantee in credit agreements at the banking institution and to know the obstacles of the MSMES IPR as an object of fiduciary security and the Development of the Intellectual Property Rights of the MSMES as an object of fiduciary collateral in the credit agreement at the banking institution in Indonesia. The method of approach in this research is sociological juridical. Data collection was carried out with literature and field studies (through observations, questionnaires and interviews) of intellectual property holders and banking institutions. Data analysis was performed using qualitative descriptive analysis. The research found that factors affecting banking institutions not yet utilizing MSMES IPR as a fiduciary guarantee in Indonesia are due to the absence of standardization of assessments or determining the nominal value of IPR, regarding the risk of fluctuations in value of IPR, there is no market (seller and buyer) of IPR and procedures or mechanisms Execution of Execution of IPR guarantees. Development of Intellectual Property Rights of MSMEs as Fiduciary Objects in Credit Agreements in Banking Institutions in Indonesia, several things need to be strengthened in legal substance, Establishment of IP IPR Institutions, Notaries in making deeds, registrations and fiduciary certificates of MSMES IPR through the Ministry of Law and Human Rights, MSMES IPR Execution, Companies / individuals who will buy IPRs and Insurance Institutions as guarantors as well as the legal culture of IPR SMEs.