Penerapan Hak Kekayaan Intelektual sebagai Jaminan Kredit di Bank Tabungan Negara Kantor Cabang Kota Medan

Abstract

The implementation of Intellectual Property Rights (IPR) as loan collateral in the banking sector is an innovative effort to expand access to financing, particularly for creative economy actors who do not possess physical assets such as land or buildings. IPR, which includes copyrights, industrial property rights, and other forms of intellectual property, holds economic value that can be utilized as an alternative source of financing. To support this potential, the government has regulated the use of IPR as loan collateral through Government Regulation No. 24 of 2022 on the Creative Economy. The problems addressed in this research are the legal framework related to IPR as loan collateral in Indonesia’s financing system, the challenges faced in the implementation of IPR as loan collateral in banking practice, and the application of IPR as loan collateral for creative economy actors, particularly at Bank Tabungan Negara (BTN) Medan Branch. This study employs a normative legal research method, which is conducted by examining secondary data consisting of primary, secondary, and tertiary legal materials. This research is also supported by empirical data obtained through structured interviews with parties from Bank Tabungan Negara (BTN) Medan Branch to provide a factual overview of the implementation of IPR as loan collateral in banking practice. The data collection techniques used include library research and interviews, while data analysis is conducted qualitatively with conclusions drawn using the deductive method. The regulation regarding the use of Intellectual Property Rights (IPR) as loan collateral has been established in Indonesian national law, specifically in Government Regulation No. 24 of 2022 on the Creative Economy, which provides the legal basis for the use of IPR as loan collateral in the banking sector. Despite the legal foundation, the implementation of IPR as loan collateral still encounters significant challenges, particularly in the areas of valuation, execution, and the lack of a secondary market for IPR. At Bank Tabungan Negara (BTN) Medan Branch, the acceptance of IPR as loan collateral remains limited due to its perceived high risk and difficulties in determining the value of IPR.