OPTIMALISASI HAK KEKAYAAN INTELEKTUAL SEBAGAI JAMINAN FIDUSIA DALAM PEMBIAYAAN EKONOMI KREATIF DI INDONESIA

Abstract

This study examines the utilization of Intellectual Property Rights (IPR) as fiduciary collateral in business financing within Indonesia’s creative economy sector. A normative-juridical approach is employed to analyze the relevant regulatory framework, including Law No. 42/1999 on Fiduciary Security, Law No. 24/2019 on the Creative Economy, Government Regulation No. 24/2022, and intangible asset valuation standards outlined in Minister of Finance Regulation No. 99/2024 and SPI-321. The findings indicate that IPR holds economic value that may serve as collateral; however, practical implementation remains constrained by valuation complexity, financial institutions’ risk assessment limitations, and the absence of standardized operational guidelines. Therefore, policy harmonization, enhancement of certified valuers' competencies, and the development of standardized financing procedures are required to optimize IPR as a credible and sustainable financial instrument supporting creative economy growth.