Execution rights model on trademark as guarantee object to credit bank

Trisadini Prasastinah Usanti

doi:10.33448/rsd-v9i4.2755

Abstract

Based on requirement that must to fulfill that the object is able to be a object guarantee so Trademark Rights is qualify the requirement as object guarantee because have economic value and able to transferred with written agreement. In Juridical, existence of trademark rights is guarantee legal certainty for repayment of debtor debt or implementation of an achievement although in practice banking trademark rights only as additional guarantee. Guarantee institution that possible to burden it is mortgage or fiduciary guarantee. In this article this is focusing on fiduciary guarantee. When the debtor wanprestasie so the trademark rights as fiduciary object guarantee allow doing execution either by parate execution, executorial title or by selling privately made agreement. However, creditor or debtor is able to make an effort by finding buyers who are willing to buy the trademark rights. Whenever a buyer is found and serve so a deed of transfer is made on trademark in authentic then it follows with removal of fiduciary guarantee and recording of transfer of trademark rights that registered to Director General IPR until transfer of trademark rights besides giving legal certainty for buyer and also binding the third party.

Highlights

Based on the research that has been done on conventional banking or syaria banking so it was found that not many bank that receive Intellectual Property Rights (IPR) especially Trademark Rights as object guarantee(Usanti, n.d.-a) with some reason that IPR is object guarantee that needed special skills for economic value from that IPR, while the availability of human resources that have expertise in the field of IPR assessors expertise in the field of IPR assessors is limited or even not in the bank, so banks prefer collateral objects that are commonly known in the banking world and relatively easy in his judgment for example land rights, motor vehicle, production machine, goods stocks and gold.(Usanti, 2017)
Referring to Article 43 of Bank Indonesia Regulation Number 14/15 / PBI / 2012 concerning Assessment of Commercial Bank Asset Quality or in Article 45 Financial Services Authority Regulation Number 16/POJK.03/2014 concerning Sharia Commercial Bank Asset Quality Assessment and Sharia Business Unit which is amended by the Financial Services Authority Regulation Number 19/ POJK.03/2018, IPR is not stated as collateral deduction in the calculation of Elimination for Asset Losses (PPA)
Based on requirement that must to fulfill that property it can be collateral object so Trademark Rights is qualify as collateral object because it is have economic value and can be transfer with written agreement

Summary

Introduction

Based on the research that has been done on conventional banking or syaria banking so it was found that not many bank that receive Intellectual Property Rights (IPR) especially Trademark Rights as object guarantee(Usanti, n.d.-a) with some reason that IPR is object guarantee that needed special skills for economic value from that IPR, while the availability of human resources that have expertise in the field of IPR assessors expertise in the field of IPR assessors is limited or even not in the bank, so banks prefer collateral objects that are commonly known in the banking world and relatively easy in his judgment for example land rights, motor vehicle, production machine, goods stocks and gold.(Usanti, 2017)As well there are no laws regulations that support the existence of trademark rights as collateral objects in banks. Referring to Article 43 of Bank Indonesia Regulation Number 14/15 / PBI / 2012 concerning Assessment of Commercial Bank Asset Quality or in Article 45 Financial Services Authority Regulation Number 16/POJK.03/2014 concerning Sharia Commercial Bank Asset Quality Assessment and Sharia Business Unit which is amended by the Financial Services Authority Regulation Number 19/ POJK.03/2018, IPR is not stated as collateral deduction in the calculation of Elimination for Asset Losses (PPA) This is proved that the IPR existence as collateral not calculated on banking as primary collateral so that it whereabouts only as addition collateral. According to Wangsawidjaja what is meant by a credit guarantee is a in the form of bank confidence in the ability of the debtor to do repayment credit is abstract.

Methods

Discussion

Conclusion