The Development of Copyright in Fiduciary Guarantee Law in Sharia Bank Financing Agreements Marsella (a*), Saidin (b), Jelly Leviza (b), Utary Maharani Barus (b), Rosmalinda (b)
a) Faculty of Law, Universitas Sumatera Utara, Jalan Universitas 19, Medan 20132, Indonesia *fh[at]usu.ac.id
b) Faculty of Law, Universitas Sumatera Utara, Jalan Universitas 19, Medan 20132, Indonesia *fh[at]usu.ac.id
Abstract
This research explores the use of copyright as fiduciary collateral in Islamic banking financing in Indonesia. The background is the growing creative economy in Indonesia, which produces many copyrighted works, driving the need for innovative financing solutions in Islamic banking. The aim is to understand the legal basis for using copyright as fiduciary collateral, evaluate its implementation, and identify challenges and opportunities in the field. The research method uses a qualitative approach with literature study techniques, in-depth interviews, and legal document analysis. The results show that the legal basis is available, but implementation is still limited due to a lack of understanding of copyright valuation, technical complexities in collateral execution, and Sharia challenges such as ensuring fairness. Education and socialization need to be enhanced to maximize the benefits of copyright as fiduciary collateral for the creative industry and Islamic banks. Thus, this research highlights the significant potential of copyright as fiduciary collateral with a more structured approach to support the growth of the creative economy in Indonesia.
Keywords: Copyright, Fiduciary Collateral, Islamic Bank