Optimization of Copyright as Fiduciary Guarantee in Increasing Business Productivity

Abstract

This study aims to determine how the requirements for transferring economic rights to copyright optimization as a Fiduciary Guarantee in increasing business productivity, how to determine the economic value in optimizing Copyright as Fiduciary Guarantee in increasing business productivity, and what are the roles and responsibilities of a Notary in making a Guarantee Act. Fiduciary on Copyright in increasing business productivity. The theory used is utility / utilitarianism theory, reward theory, legal certainty theory, and legal responsibility theory. The results of the study show that copyright can be an object of Fiduciary Guarantee due to exclusive rights, namely economic rights owned by the copyright owner. The method used is a normative legal research method. Techniques for studying and analyzing legal materials are using documentary studies. The results of the research show that copyright can be used as an object of Fiduciary Security because copyright is a movable object that is not tangible and that can be transferred to only economic rights to be guaranteed. The requirements for the transfer of economic rights follow the procedures stipulated by UUJF. The current method of assessing the economic value of a Copyright is by using quantitative methods. It consists of a market approach, an income approach and a cost approach. The role of the notary in this case in making the fiduciary guarantee deed has been mentioned in Article 5 paragraph (1) of the UUJF and is based on the responsibilities in effect since taking the oath of office as regulated in Article 65 of the UUJN. Notaries do not participate and are responsible for determining the economic value of a copyright. This is the duty and authority of the Appraisal Agency.

Community Legal Protection and the Legal Position of Electronic Land Certificate in Land Registration Based on Notarial Assets

“…Fourth, on the user side that the digitization system will only be friendly to urban communities and the upper middle class who can access adequate technology and infrastructure, but what about the poor in cities, villages, sub-districts, villages, and disadvantaged areas will have difficulty accessing the system technology that is so fast. (3) Fifth, from the perspective of agrarian political orientation, especially land, the priority of work in land certification, including this digitization program, shows that the land system is increasingly being oriented towards the interests of liberalizing the land market in Indonesia. Land certification without prior land reform and agrarian reform will only legitimize land monopoly by large-scale business entities.…”