PENGAKUAN HKI SEBAGAI OBJEK HAK TANGGUNGAN: ANALISIS YURIDIS TERHADAP PERLUASAN JAMINAN KEBENDAAN DALAM SISTEM HUKUM INDONESIA

Abstract

The development of Indonesia’s creative economy demands innovation in the system of secured transactions. Intellectual Property Rights (IPR) possess significant economic value and can serve as objects of contractual agreements; however, they have not yet been explicitly accommodated under the Mortgage Law (Law No. 4 of 1996). Recent rullings by the Constitutional Cort of Indonesia-Decision No. 18/PUU-XVII/2019 and Decision No. 2/PUU-XIX/2021-have opened interpretative avenues for recognizing intellectual property rights (IPRs) as eligible collateral under fiduciary arragements. Both decisions examined the constitutionality of law No. 42 of 1999 concerning Fiduciary Security, and collectively underscore the evolving legal recognition of intangible assets with economic value. A recent Constitutional Court decision has opened interpretative space for IPR to be recognized as collateral in fiduciary arrangements. This study focuses on legal certainty, the protection of rights holders, and the broader implications for society. Employing a normative-juridical method with statutory, conceptual, and comparative approaches, the research demonstrates the urgent need to revise the Mortgage Law (Law No. 4 of 1996 on Mortgage Rights over Land and Objects Related to Land) to incorporate IPR as mortgageable assets. Such reform would enhance access to financing and strengthen the ecosystem of Indonesia’s creative economy.