HAK CIPTA ATAS LAGU DIJADIKAN OBJEK JAMINAN FIDUSIA (KAJIAN PENERAPAN PASAL 16 AYAT (3) UNDANG - UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA)

MUNANDAR, ARIF FADILLAH and Syaifuddin, Muhammad and Elmadiantini, Elmadiantini (2022) HAK CIPTA ATAS LAGU DIJADIKAN OBJEK JAMINAN FIDUSIA (KAJIAN PENERAPAN PASAL 16 AYAT (3) UNDANG - UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA). Undergraduate thesis, Sriwijaya University.

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Abstract

This thesis, entitled "Copyright of a Song Used as an Object of Fiduciary Guarantee” discusses Article 16 Paragraph (3) of the Copyright Law which states that copyright can be utilized as an object of Fiduciary Guarantee. The existence of the article is a breath of fresh air to the creators as it certainly provides benefits for them. However, this article has so far been ambiguous since there has never been a banking institution accepting fiduciary collateral in the form of copyright. This study is aimed to examine the factors causing the copyright of the song as object of fiduciary guarantee as stated on Article 16 Paragraph (3) and the concept of the rule of law should be applied on the copyright of the song as the object of fiduciary, which are absence to be implemented. The theoretical framework used were legal certainty, intellectual property rights and guarantee law. A normative law study was administered for this research with legislation, conceptual and futuristic approaches. Primary legal materials, secondary legal materials and tertiary legal materials were systematically analyzed. The results of the study were: the absence of regulation on obligation to record/register a copyright, the contribution of collective management agency to manage the royalties of the copyright of the song made as the object of fiduciary guarantee, the difficulty on assessing the amount of money valuation, the share of the sales market, the difficulty on executing the copyright of the song made as a guarantee fiduciary if the debtor performed non-performance of contract, the absence of detailed regulation on the types of copyright documents as a condition for making a fiduciary guarantee deed, and the absence of implementing a special regulation on copyright guarantee procedure for what kind of songs can be used as a guarantee for the object of fiduciary. Thus, the legal concept needed is the addition of articles regarding the contribution of collective management agencies to manage the royalties when the copyright of the song is made as the object of fiduciary guarantee. It is necessary to amend the articles in the Fiduciary Guarantee Law regarding the process of executing copyright over songs and the addition of an article “which regulates details of the types of copyright documents as a condition for making a fiduciary guarantee deed”. Lastly, an implementation of a regulation must be formed as a special regulation governing the procedure for guaranteeing a copyright for a song. Keywords: Copyright of Songs, Object of Collateral and Fiduciary Guarantee. Pembimbing I Dr. M. Syaifuddin, S.H., M.Hum NIP.197307281998021001 Pembimbing II Hj. ELMADIANTINI, S.H, Sp.N, M.H NIP. Ketua Program Studi Magister Kenotariatan Dr. Hj. Annalisa Y., S.H., M.Hum NIP. 196210251987032002

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Hak Cipta Atas Lagu,Objek Jaminan, Jaminan Fidusia
Subjects:	K Law > K Law (General) > K1094-1096 Loan of money K Law > K Law (General) > K3740-3762 Education K Law > K Law (General) > K623-968 Civil law
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	ARIF FADILLAH MUNANDAR
Date Deposited:	10 Feb 2022 04:38
Last Modified:	10 Feb 2022 04:38
URI:	http://repository.unsri.ac.id/id/eprint/64858

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