Comparative Study of Copyright as Fiducia’s Guarantee Law in Islamic Law and Civil Law Contribution Title

DOI

10.2991/978-2-38476-303-0_97How to use a DOI?

Keywords

Comparative; Copyright; Fiduciary Guarantee

Abstract

This research aims to conduct a comparative study on copyright as collateral in fiduciary law under Islamic law and civil law. Copyright as a form of intellectual property holds significant economic value, especially in the rapidly evolving creative industries. In Indonesia, copyright is governed by Law Number 28 of 2014 concerning Copyright, while fiduciary guarantees are regulated by Law Number 42 of 1999 concerning Fiduciary Guarantee. The research method employed is a normative juridical approach using a comparative method. Primary data were obtained from laws, religious scholars' opinions (fatwas), and relevant court decisions, while secondary data were gathered from legal literature. The findings indicate fundamental similarities and differences between the two legal systems regarding the regulation of collateral objects, contract methods, and execution procedures. Islamic law emphasizes compliance with Sharia principles in selecting collateral objects, whereas civil law focuses more on legal certainty and clear procedural standards. The practical consequences of these differences underscore the importance for Sharia financial institutions to ensure transaction compliance with Sharia principles, whereas conventional financial institutions face fewer constraints in selecting fiduciary collateral objects. The conclusion of this research suggests the necessity for harmonization or integration of Islamic law principles and civil law to enhance efficiency and fairness in financing practices, as well as to strengthen copyright protection in Indonesia.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Marsella Marsella
AU  - Saidin Saidin
AU  - Jelly Leviza
AU  - Utary Maharany  Barus
AU  - Rosmalinda Rosmalinda
PY  - 2024
DA  - 2024/12/11
TI  - Comparative Study of Copyright as Fiducia’s Guarantee Law in Islamic Law and Civil Law Contribution Title
BT  - Proceedings of the 4th International Conference on Social Sciences and Law (ICSSL 2024)
PB  - Atlantis Press
SP  - 1089
EP  - 1101
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-303-0_97
DO  - 10.2991/978-2-38476-303-0_97
ID  - Marsella2024
ER  -