Hambatan Sita Eksekusi Kekayaan Intelektual Sebagai Barang Tidak Berwujud (Intangible)

Abstract

This article discusses the potential of intellectual property as an object of executoriale beslag. The problem is the lack of regulation of intellectual property as an object of executoriale beslag in the execution of payment of a sum of money even though by definition it is a movable object which fulfills the principle of confiscation in civil procedure law. Seeing this, an analysis is carried out through a statutory approach and the concepts of execution of payment of a sum of money and executoriale beslag in civil procedure law. Intellectual property laws and regulations such as copyright, patents, trademarks and geographical indications, industrial designs, trade secrets and integrated circuit layout designs only regulate confiscation provisions in criminal cases. Intellectual property through Government Regulation No. 24 of 2022 on Creative Economy is optimized as an object of debt collateral in fiduciary guarantees, contracts in creative economic activities and cessie. However, it does not yet have space for intellectual property as an object of executoriale beslag in the execution of payment of a sum of money. The need for additional regulation of intellectual property as an object of executoriale beslag will provide convenience for the clerks and bailiffs executing the execution. The absence of rules will cause hesitation because there is no sufficient legal basis even though intellectual property is a movable item that has economic value and can be used for the payment of the amount of money of the execution applicant.

Keyword: Executoriale Beslag, Intellectual Property, Challanges