The Development of Copyright in Fiduciary Guarantee Law in Sharia Bank Financing Agreements

DOI

10.2991/978-2-38476-366-5_49How to use a DOI?

Keywords

Copyright; Fiduciary Collateral; Islamic Bank

Abstract

This study explores the use of copyright as a fiduciary guarantee in Islamic banking financing in Indonesia. The background is the growth of the creative economy in Indonesia, which produces many copyrighted works, driving the need for innovative financing solutions in Islamic banking. The goal is to understand the legal basis for using copyright as a fiduciary guarantee, 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 analysis of legal documents. The results of the study show that the legal basis is already available, but its implementation is still limited due to a lack of understanding of copyright valuation, technical complexity in collateral execution, and Sharia challenges such as ensuring fairness. Education and socialization need to be improved to maximize the benefits of copyright as a fiduciary guarantee for the creative industry in Islamic banks. In the world of Sharia banking which is a guarantee of fiducia in the form of motorcycles, cars, heavy equipment, or machine tools that are guaranteed in Islamic banks, for copyright guarantees for works in the form of books, electronic books, paintings, songs, paintings, works of art and so on that must have been registered as creations through intellectual property rights, copyright is an intangible movable object in material law. Thus, the research highlights the significant potential of copyright as a fiduciary guarantee with a more structured approach to support the growth of the creative economy in Indonesia through Islamic banks.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Marsella Marsella
AU  - Saidin
AU  - Jelly Leviza
AU  - Utary Maharany Barus
AU  - Rosmalinda
PY  - 2025
DA  - 2025/02/28
TI  - The Development of Copyright in Fiduciary Guarantee Law in Sharia Bank Financing Agreements
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 523
EP  - 531
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_49
DO  - 10.2991/978-2-38476-366-5_49
ID  - Marsella2025
ER  -