Optimalisasi Aset Hak Kekayaan Intelektual Milik Perseroan Terbatas dalam Hukum Kepailitan di Indonesia

Abstract

This article aims to provide solution to the above problem as well as to find the most effective way within the framework of fulfilling creditors’ rights during the bankruptcy process. The intellectually property of bankrupt companies will still be optimized if their intellectual properties play significant role for them. This study uses socio-legal method using economic approach to analyze legal issues contained therein. The result of this study gives information that optimizing intellectual property assets could only be implemented during the going concern stage. This could be understood considering that intellectual property assets are assets having specific function and therefore it has lowest value at the time of liquidation. Curators must use the going concern stage if they are willing to optimize intellectually property assets during the bankruptcy process. On the other side, to ensure the possibility of optimizing intellectual property assets during the bankruptcy process, any concerned party shall take the option to oppose the bankruptcy application, to the extent possible, by way of filling PKPU application.