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Video Direct Link | Abstract

Abstract
ABS-32
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)
Corresponding Author: Marsella Marsella


Question & Answer to the Presentation

Question from Mr. Zaenal Arifin
2024.11.05 12:43:51

1) What is the motivation behind using copyright as fiduciary collateral in Islamic
banking financing in Indonesia?
2) How does the growth of the creative economy in Indonesia influence the need for
innovative financing solutions in Islamic banking?
Replies:

Reply from Ms. Marsella Marsella
2024.11.05 16:30:34

Thank you for your question:

1. What is the motivation behind the use of copyright as fiduciary guarantee in
Islamic banking financing in Indonesia?
Overall, the combination of clear legal regulations in the Copyright Law and
guidance from sharia fatwas provides a solid foundation for the use of copyright as a
fiduciary guarantee in Islamic financial transactions in Indonesia. This is not only
beneficial for copyright owners in leveraging their intellectual assets, but also
strengthens the legal infrastructure to support inclusive and sustainable economic
growth in today^s digital era.

2. How does the growth of the creative economy in Indonesia affect the need for
innovative financing solutions in Islamic banking?
Adequate financing can increase productivity and innovation in the creative sector.
With sufficient financial resources, creators can focus more on exploring new ideas,
developing products, and improving the quality of existing works. This not only
strengthens their competitiveness in the global market, but also has the potential to
create new jobs and drive local economic growth. Furthermore, with the right
financial encouragement, the creative industry in Indonesia can play a key role in
developing a knowledge-based economy and innovation.

Thank you.


Question from Mr. Manguni Wiria Darma Sinulingga
2024.11.05 12:14:55

What are the challenges facet by islamic banks in using copyright as a fiduciary guarantee?
Replies:

Reply from Ms. Marsella Marsella
2024.11.05 15:28:53

Islamic banks are also faced with the challenge of increasing their capacity in
managing and executing copyright as a fiduciary guarantee. This process requires a
deep understanding of copyright law, technical mechanisms for copyright
management, and the application of sharia economic principles in financial
transactions. Islamic banks must ensure that copyright execution procedures are
carried out in compliance with sharia principles, such as avoiding riba and ensuring
fairness in the sharing of risks and benefits.


Question from Ms. nurhimmi falahiyati
2024.11.05 12:13:30

How is the execution for fiducia guarantees in Islamic banks.
Replies:

Reply from Ms. Marsella Marsella
2024.11.05 15:43:23

Thank you for your question:

The execution process of copyright as an object of fiduciary guarantee is an
important stage in financial transactions involving intellectual assets. This not only
requires an in-depth understanding of copyright law, but also involves the technical
and commercial aspects of repurposing or selling copyrights to recover the loaned
funds. Especially in the context of Islamic banks, the implementation of execution
procedures must comply with sharia principles that prohibit riba (interest) and
encourage fairness in the distribution of risks and profits.

Thank you.


Question from Ms. ivana novrinda rambe
2024.11.05 10:31:51

My name is Ivana Novrinda Rambe and i would like to raise a question.

Based on your research, whether copyright in fiduciary guarantees can be used as
collateral in financing agreements at Islamic banks?

Thank you.
Replies:

Reply from Ms. Marsella Marsella
2024.11.05 15:54:31

Thank you for your question:

Overall, the combination of clear legal regulations in the Copyright Law and
guidance from sharia fatwas provides a solid foundation for the use of copyright as a
fiduciary guarantee in Islamic financial transactions in Indonesia. This is not only
beneficial for copyright owners in leveraging their intellectual assets, but also
strengthens the legal infrastructure to support inclusive and sustainable economic
growth in today^s digital era.

Thank you.


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