HAK CIPTA SEBAGAI JAMINAN KREDIT PERBANKAN DALAM PEMBANGUNAN PEREKONOMIAN INDONESIA

Abstract

Technological advances have transformed almost all aspects of human life. This is a concern for the copyright in the digital age, which is the legal field of assurance. Similarly, the copyright if used as collateral as banking credit can accelerate the wheels of economic development in various sectors. The Law of Assurance is a law relating to the law of matter also with the banking law, the relation as an institution that is collecting to disburse funds to the society which one of its forms is the granting of credit. Based on the above thought there are two problems, namely, first how the legal certainty of a credit agreement with fiduciary guarantee on copyright. Secondly, how is copyright assurance in a credit agreement based on fairness as an effort to develop the creative industry. This research using method of approach is adjusted based on research that is through normative juridical approach is also comparative approach. Normative juridical is a research based on provisions based on positive law. The definition of comparative approach is a comparison of regulatory systems. The results of the research resulted in such, first justice to the development of copyright that is guaranteed as a banking credit and should be enforceable, a paradigm change to the original guarantee using the 5C principle as a condition of giving credit should be changed to support the start-up of the newly started business. The condition should end with a strengthening path in this case the assurance law has a du meaning that is legal. A broad guarantee can also provide the legal allowance for the guarantee laws, using the concept of performance assurance. Secondly, the authority over a state power is intended to provide legal protection by forming regulations in the field of copyright assurance in order to develop a creative economy.