AKIBAT HUKUM DEBITOR WANPRESTASI TERHADAP PERJANJIAN HAK PATEN SEBAGAI OBJEK JAMINAN FIDUSIA

Abstract

Economic actors in the framework of developing a business as owner or patent holder can access credit from financial institutions with patents as objects of fiduciary institution. So that patents are based on the law, but were born because they had to be advance in advance between the fiduciary guarantee institution as the creditor and the inventor as the debtor The problem in this study is why patents can be used as fiduciary collateral objects and how the legal consequences for debtors who commit defaults. This research is a normative legal research. In this study, what is examined is the positive legal provisions regarding patent rights, namely Law Number 13 of 2016 concerning Patents and Law Number 42 of 1999 concerning Fiduciary Guarantees. This type of research used is descriptive with a problem approach that will be conducted normatively juridical. Patents can be used as collateral for debt by using fiduciary security institutions because patents are part of intellectual property rights where patents have economic principles that will provide economic benefits to the patent owner. Patents are classified as immovable property. The legal consequences of debtors who commit default will lead to fiduciary guarantee execution activities. Execution of fiduciary collateral is confiscation and sale of objects which are subject to fiduciary collateral. As a result of the sale of this fiduciary object in the form of a patent, the creditors lose their debts to the debtor, which means the debtor's debt has been paid off, then from the debtor's loss of patent rights he previously had such as.