Creative economy is suggested to be one of the largest contributing sectors to Indonesia’s gross domestic product (GDP). Currently, the development of creative economy is increasing rapidly. it is partly supported by by the enactment of Government Regulation No. 24/ 2022 on the Regulations for Implementing Law No. 24/2019 on Creative Economy. One of the objectives of the enactment of this law is to enable creative economy actors obtain facilities in the form of financing in developing intellectual property-based businesses.
Creative economy is the embodiment of added value from intellectual property (IP) originating from human creativity based on cultural heritage, science and/or technology. The creative economy has main characteristics, namely:
- sourced from individual creativity
- no limits
- easy to replace or change
- can adjust and follow the trend
- distributed directly and indirectly
- requires cooperation
Government Facilities for Creative Economy Players
The government provides facilities for creative economy actors in the form of intellectual property-based financing schemes through non-bank financial institutions. This scheme is carried out through the utilization of IP with economic value and intellectual property valuation.
IP-Based Financing Scheme
There are four requirements to apply for KI-based credit, namely:
- financing proposals
- a creative economy business
- an engagement related to the IP of creative economy products
- a registration letter or certificate of intellectual property
If the requirements have been fulfilled, bank and non-bank financial institutions will do several stages of verification of businesses and letters or IP certificates belonging to creative economy actors. Financial institutions will provide an assessment of their IP which will be used as collateral. The following are the stages that must be passed to obtain IP-based credit:
- verification of creative economy businesses
- verify the registration letter or certificate of intellectual property used as collateral that can be executed in the event of a dispute or non-dispute
- valuation of intellectual property used as collateral
- disbursement of funds to creative economy actors
- receipt of return on financing from creative economy actors according to the agreement
In practice, financial institutions will use IP as collateral for debt. The object of this debt guarantee is carried out in the form of fiduciary guarantees on IP contracts in creative economic activities and claim rights in creative economic activities.
IP that becomes collateral will be assessed by an assessment team from a bank financial institution or non-bank financial institution. If the IP value is considered high, then the loan value will be even greater.
There are two conditions to use IP the object of debt guarantee. First, the IP has been registered or registered at the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights. Second, the IP that has been managed independently or whose rights have been transferred to other parties.
IP that is used as the object of debt guarantees will be assessed by an assessment team from a bank or non-bank financial institution.
There are three criteria of the designated assessment team. First, it secures a public appraiser license from the ministry that administers government affairs in the field of state finance. Second, it possess competence in the field of IP assessment. Third, it is registered with the ministry that carries out government tasks in the creative economy sector.
The assessment team will assess IP using the cost approach, market approach, income approach and other valuation approaches in accordance with the applicable valuation standards.
IP-Based Product Marketing System Development Facility
The government provides several facilities for creative economy actors in the form of:
- technical guidance
- electronically integrated business licensing and/or registration services
- access and/or financial assistance
- business information/consulting services
- marketing promotion assistance
- provision of a digital collective management system
- marketing access
- marketing incubation through designated institutions
- assistance in the calculation of the IP assessment
- legal assistance and assistance services