Assessing Digital Content as Collateral for Banking Finance: Valuation Challenges under Government Regulation Number 24 of 2022

Abstract

This study aims to examine evaluation methods for content feasibility as credit collateral and analyze the implications of Government Regulation Number 24 of 2022 on banking regulations in Indonesia. Utilizing a normative juridical approach, this research examines the regulatory conflict between creative economy development and banking prudential principles. The findings reveal that implementing digital content as fiduciary collateral faces severe obstacles due to the absence of technical valuation guidelines and the lack of a specialized intellectual property (IP) appraisal institution. Although the Indonesian Valuation Standards provide cost, market, and income approaches, commercial banks cannot optimally apply them because Financial Services Authority Regulation (POJK) Number 40/POJK.03/2019 does not recognize IP assets as eligible collateral. Furthermore, the limited protection period of copyrights and the legal complexities of asset foreclosure—where only economic rights can be transferred while moral rights remain permanently attached to the creator—heighten legal risks for creditors. Therefore, statutory harmonization between banking regulations and Government Regulation Number 24 of 2022, alongside the establishment of certified IP appraisal bodies, is strictly required to ensure legal certainty and foster a secure creative economy financing ecosystem.