Problematika Perlindungan Hak Pihak Ketiga dalam Pelaksanaan Eksekusi Jaminan Fidusia atas Hak Cipta

Abstract

The development of the global economic system which is increasingly based on creativity and innovation has encouraged the transformation of the role of copyright from mere moral protection to an economic asset of high commercial value which can be used as collateral for debts. Normatively, the position of copyright as an intangible movable object that can be burdened with fiduciary guarantees has been recognized based on Law Number 28 of 2014 concerning Copyright and Law Number 42 of 1999 concerning Fiduciary Guarantees. However, this legal recognition has not been balanced with adequate regulations regarding the mechanism for executing fiduciary guarantees when the debtor experiences default, especially in providing legal protection to third parties who have a legitimate legal relationship with the object of the guarantee, such as license holders or recipients of the transfer of economic rights. This research aims to analyze the regulation and implementation of legal protection for third parties and to formulate an ideal concept of legal protection to realize legal certainty and justice. This research uses a normative legal research method with a statutory approach, a conceptual approach, and a juridical analysis approach to legal materials. The research results show that the current provisions for the execution of fiduciary guarantees are still focused on fulfilling creditor rights and have not taken into account the special characteristics of copyright which can be utilized by several parties simultaneously. In addition, the less-than-optimal implementation of the principle of publicity due to the separation of the copyright registration system at the Directorate General of Intellectual Property and the registration of fiduciary guarantees at the Directorate General of General Legal Administration has the potential to cause financial and legal losses for third parties acting in good faith. To overcome these problems, this study recommends its implementation through the formulation of a Publicity and Third-Party Protection Integration Model in Copyright Fiduciary Guarantees. This model includes five important stages, namely verification of the legal status of copyright, integration of registration data between institutions, notification of pre-execution notification to third parties, provision of objection channels before execution is carried out, and guarantee of protection for the continuation of a valid license agreement after the execution process is completed.