KONSTRUKSI HUKUM KONTEN VIDEO YOUTUBE SEBAGAI JAMINAN KREDIT

The development of digital platforms, one of which is Youtube, is that day by day,
more and more users are using this platform as a source of income. Moreover, now a new
regulation has been promulgated, namely PP No. 24 of 2022, which means that Intellectual
Property can be used as collateral for credit to banking institutions. However, it is felt that
there are still problems that prevent this policy from being implemented. The aim of this
research is to analyze the basic concept of copyright on Youtube video content as an object of
credit collateral in the banking system and to find out and analyze the legal certainty of
copyright on Youtube video content as an object of credit collateral with the existence of new
regulations, namely Government Regulation Number 24 of 2019 concerning Regulations
Implementation of Law Number 24 of 2019 concerning the Creative Economy. The approach
method used in this research is a normative legal research method or legal research that uses
normative case studies in the form of results of legal behavior and legal norms, for example
reviewing laws. In this research the author came up with several conclusions, namely that
content uploaded via Youtube can be said to be copyright based on Article 1 and Article 40 of
the Copyright Law in the form of creative videos. Apart from that, Youtube video content can
be used as collateral because it meets the material characteristics of Article 503 and Article
504 of the Civil Code, namely that it is a movable object and an intangible object. Then it can
be used as an object of fiduciary security, apart from being in the Copyright category,
because Youtube content has economic value if it has advertising in the video content.
However, this cannot yet be realized because there are no regulations that serve as a
reference for banks in terms of execution and calculation of the valuation of copyright as an
object of credit collateral. From the conclusions of this research, it is hoped that the Ministry
of Finance together with Bank Indonesia and the OJK will immediately create regulations
that strictly regulate intellectual property, one of which is the copyright of Youtube video
content which is tied to a fiduciary guarantee used as collateral for banking credit in
Indonesia, which in the future is expected to become the basis law for banking in terms of
execution and calculation of copyright valuation as an object of credit collateral.