IP Appraiser Role in the Implementation of
certified intellectual property rights Consultant. On the other hand, a certified intellectual property rights consultant alone is not enough to be appointed as a professional intellectual property assessor.
Intellectual property rights consultants still have weaknesses in their ability to estimate the economic value of goods in detail without the help of a public appraiser. Certified intellectual property rights consultants do not necessarily understand the new issue of intellectual property rights as credit guarantees and the need for uniform understanding.
In this case, the appraisal agency's role is crucial; the assessment of intellectual property rights as credit guarantees cannot be carried out by bank employees alone or ask for assistance from the professional services of public appraisers. Therefore, a new institution or profession is needed to carry out the role of assessing the object of intellectual property rights guarantees who understand the legal characteristics of Intellectual Property Rights as a type of property that is different from other assets.
The Concept of Valuation of Copyright Objects
Intellectual Property has seen as a movable object, although it is different from other non-intellectual property movable objects so that the way of interpreting its value is also different. For example, a car as a movable object and a painting as a movable object are burdened with fiduciary guarantees. However, when the ownership of the car is transferred to the creditor due to a default, the debtor's ownership rights to the car are entirely lost, while in paintings, only the object of painting as a form of creation or only the economic rights of creation can be transferred to the debtor because the moral rights of the creator to the painting cannot be a switch so that at any time he has the right to be respected as the creator of the painting. The agreement between the Debtor and Creditor consists of a credit agreement as the main agreement and a fiduciary guarantee agreement as an additional agreement or accessoir. Evidence of the agreement must be reported to the Directorate General of Intellectual Property.
The legal object in the copyright agreement can be in the form of copyright alone or including the object of creation as long as the legal subject can control the object of ownership [5]. This is because the object of creation must be in the form of a moving object. There are tangible and intangible movable objects. Tangible movable objects (e.g., statues, paintings) can be encumbered with fiduciary and fiduciary guarantees. Intangible movable objects (e.g., songs, films) can only be encumbered with fiduciary guarantees even though the
imposition of a fiduciary guarantee has been regulated while the pawn is not/has not been regulated.
The mechanism for imposing collateral that is already known is fiduciary because copyright is considered an intangible movable object. However, actually "creations," especially those that have been realized in the form of fixed objects, both movable and immovable objects that the Mortgage Law cannot guarantee, logically can be guaranteed using a pledge. If the method of pawning is taken, the creation is in the control of the pawnbroker (the debtor) for the duration of the agreement. So, in a pledge, collateral held is the object of his creation. Therefore this method can only be applied to tangible movable objects. For example, a pledge for a whole sculpture that is feared to be lost/damaged/duplicated as long as the debt has not been paid off, the artwork should be pledged as collateral for the security of the goods for creditors. A pawn is different from a fiduciary in that it is only in possession of the object, not in the transfer of ownership [7].
Pawning has not been regulated in the Copyright Act, so this option does not need to be discussed further at this time. It is only a suggestion.
Furthermore, in loans with fiduciary guarantees, for example, for paintings, the painting remains under the control of the creator/painter even though the debt has not been paid off. The debtor continues to hold the painting for the duration of the agreement. The creditor keeps the function of the copyright certificate on the painting as proof of the authenticity of the painting and the validity of the ownership of the painting by the debtor, along with the completeness of the credit agreement. Likewise, when the creation has been realized but is transferred to another party through a particular agreement, the proof of the agreement is included in the object of the guarantee. So, in a fiduciary, creation as an object of guarantee that is held is not the object of creation directly, but the copyright, which is proven based on the right with a document.
The following include objects of copyright guarantee:
1. The created object itself (to be bound fiduciary as a complement to the copyright)
Tabel1 the following include objects of copyright guarantee Objects of
Copyright Object
existence IPR certificate License &
royalty agreement
Agreements from neighboring rights
Papers V V
Songs or
music with or V V V
2. Certificate of proof of copyright ownership
3. Agreement on the transfer of economic rights, for example license agreement, royalty agreement.
4. Agreements were arising from neighboring rights. Related Rights are rights related to Copyrights, exclusive rights for Performers, Phonogram Producers, or Broadcasting Institutions.
The four types of guarantee objects can be applied to all three or one of them optionally depending on the conditions and types of creations, according to the description as follows:
Studying Copyright as an intangible movable object is undoubtedly challenging to determine the rupiah's value [6].
Creations that have been realized in a tangible form, the object of guarantee can be assessed in terms of:
1. The moral value of creation
2. The current economic value of this creation
The value of the creation may increase or decrease every year until the term of the agreement expires (profits and losses).
Professional IPR appraisers can only estimate this point.
3. The capital expended in producing the creation.
This point is optional, depending on the shape of the creation. This point does not apply if the creation has minimal production capital without
subtitles Drama, musical drama, dance, choreography, puppetry and mime
V V V
Works of art in all forms
such as
painting, drawing, carving, calligraphy, sculpture, sculpture, or collage
V V V
Architectural
works V V
Batik arts or
other motifs V V
such as songs, paintings, textbooks. However, it can still have high economic benefits if it is successful in the market.
4. The economic value of the work stated in the license agreement and the royalty payment agreement between the creator and other parties, if any (involves the role of the relevant Collective Management Institution to help check the validity of the agreement and the suitability of the value stated in the agreement with the real economic value in actual practice).
Some requirements for completeness:
1. IPR certificates
2. A letter of agreement with a third party if the work is being transferred to its economic rights through a license if any (does not apply to works whose economic rights have been transferred by way of a drop-off)
3. Creator’s personal information
4. History of the creator in the OJK Financial Information Service System (SLIK)
The Role of the IP Appraiser in IPR Valuation
The difficulty of intellectual property valuation is a different obstacle in applying and formulating legal rules in intellectual property as credit guarantees. In addition to the calculation formula that is not yet available, problems regarding the capabilities and expertise that need to be mastered by a person or an institution responsible for conducting inspections and calculations of intellectual property as credit guarantees have also not been solved. So far, the registration of the object of intellectual property rights and all administrative matters are assisted by the Consultant of intellectual property rights. However, the competence of intellectual property rights consultants to evaluate intellectual property is still not qualified.
The role of intellectual property appraisers is essential. The reason is that the bank needs certainty of the value of copyright that the prospective debtor guarantees [2]. In addition to requiring a competent professional valuator, there is also a need for clear legal rules regarding indicators in the creation valuation process because intellectual property assets are intangible assets derived from rights or privileges obtained by an entity from owning these assets. Although some intangible assets can have a physical form, they are still intangible.
The Intangible Assets must have the criteria, subject to specific identification and identifiable description, existence and legal protection, private property rights, and legally transferable private
property, demonstrated by some tangible evidence of existence, has been created or has existed in an identifiable time or as a result of an identifiable event, their extinction or cessation of existence at an identifiable time or as a result of an identifiable event, defined by specific legal rights, and recognized for accounting, taxation or legal purposes.
In practice in Indonesia, the company conducts an assessment of its IPR for a transaction, internal use, and other purposes. The assessments carried out so far by the appraiser profession are based on the Indonesian Appraisal Code of Ethics (KEPI) and the Indonesian Assessment Standard SPI [3]. Even though IPR consultants have been certified in the future, they still have to receive materials/training on assessing IP as an object of guarantee as evidenced by a training certificate. IPR Consultants who have passed the training, apart from being known as Intellectual Property Rights Consultants, are also entitled to the status of professional appraisal of IP guarantee objects.
The expertise they must possess must adapt to the characteristics of each type of intellectual property that is different from one another. One of the aspects is about the timeframe. Works have the most extended term of protection. The brand has a term of 10 years and can be extended. Other industrial property rights vary from 10 to 20 years but are not renewable.
IP consultants who do not yet have the appraiser status cannot register themselves as IP appraisers at banking service institutions. It also applies to those who are not certified IPR Consultants but wish to participate in the certification training for assessors of IP guarantee objects, for example, those who previously came from the public appraiser profession.
The profession of assessing the object of IP guarantee can be likened to the profession of the curator in the implementation of bankruptcy and debt payment obligation. Advocates can become curators, but not all lawyers can automatically become curators.
Curator and advocate are different legal professions, even though the average curator is an advocate. Accountants (not advocates) can also become curators. The requirement to become a curator is to take part in and pass the curator training held by a curator union organization.
This scheme can be applied in IPR. As long as there is no intellectual property professional organization, the provision of this training and certification can be the authority of the Directorate General of Intellectual Property.
Conclusion
The obligation to fulfill the IPR certificate as an object of guarantee in the future will also encourage the interest of creative business actors to take care of IPR certification. In the future, this institution or profession may not only consist of elements of public appraisal offices/institutions (appraisal profession). Still, it must also involve elements of people who understand the legal characteristics of Intellectual Property as a type of wealth in the form of intangible assets that are different from other assets. In the future, the profession of intellectual property appraiser must be required to have passed the training or certification held by the Directorate General of Intellectual Property.
References
[1] Achmad Busro, et al., 2018, “Quo Vadis Copyright as Fiduciary Guarantee in Indonesia Legal Agreement," Journal of Legal, Ethical and Regulatory Issues, Vol. 12, Issue 2.
[2] Angelina Putri Suhartini, Dewa Gde Rudy, 2021, “Hak Cipta sebagai Agunan Kredit Bank”, Jurnal Magister Hukum Udayana, Vol. 10, Issue 1.
[3] I Putu Bayu Pramita, et. al., “Analisis Perbandingan Penilaian Jaminan Kredit oleh Penilai Internal dengan Penilai Independen”, Modus Journals, Vol. 31, Issue 1.
[4] Nina Nurani, et al., 2014, “Copyright as a Guarantee of Fiducia in the Efforts to Accelerate Indonesia’s Creative Economic Growth,"
PalArch’s Journal of Archeology of Egypt / Egyptology.
[5] Putu Eka Trisna Dewi, et al., “Regulation of Copyright Certificate as a Material Guarantee and Bankrupt Estate/Boedel in Indonesia," ADI Journal on Recent Innovation, Vol. 2, Issue 2.
[6] R.F. Najoan, 2016, Kajian Hukum tentang Hak Cipta sebagai Objek Jaminan Fidusia, Lex et Societatis, Vol. 4, Issue 7.
[7] Reni Budi Setianingrum, “Mekanisme Penentuan Nilai Ekonomis dan Pengikatan Hak Cipta sebagai Objek Jaminan Fidusia”, Media Hukum, Vol. 23, Issue 2.
[8] Rinitami Njatrijani, et al., 2020, “Business Development of Copyright and FIduciary Guarantee in Indonesia," International Journal of Economics and Business Administration, Vol. VIII, Issue 1.
Indonesian Slangs in The Digital Communication
Dewi Kusumaningsih18Introduction
The current digital communication that follows digital society has slowly changed the way people socialize. This phenomenon is prevalent in our daily lives. In the past, relationships were built through direct face-to-face meetings; yet now relationships are built through cyberspace [1]. The way people communicate has also changed following the devices used and their advanced features.
Smartphones now connect life as used by the global citizen in cyberspace. Hence, this paper focuses on today’s forms of digital communication, which requires different literacy. In Bahasa Indonesia, digital communication has largely caused language changes from formal to non-formal, which eventually leads to the varieties of slang [2]–[4], as a part of language literacy.
Literacy is one’s knowledge and skills to obtain and proceed with information to actualize their potential [5]. The Indonesian government has declared six basic literacies, including language literacy, numeracy, scientific literacy, financial literacy, digital literacy, and cultural and civic literacy. These domains are central in the era of society 5.0 as they are needed to correctly proceed with the information flow. Especially, digital literacy is prevalent within the development of society 5.0 [6], [7].
In digital communication, our dependency on gadgets is strongly influenced by various interesting features. These devices are easy to use, practical, and fast. The offered social media have been embedded in our daily lives [8]–[11]. This is why digital literacy is needed by social media users.
Digital literacy is the ability to critically use the information and communication-based (ICT) media in the form of text, audio, images, and videos, before dissemination [12]. It covers one’s ability to efficiently use information in various contexts, such as academic, career, or everyday life. There are eight components of digital literacy, namely 1) functional skills and beyond (the skills to accurately employ
18 Universitas Veteran Bangun Nusantara Sukoharjo, dewikusumaningsih71@gmail.com
the ICT); 2) creativity (utilizing ICT to build knowledge); 3) collaboration (knowledge building through discussion processes in the digital space); 4) communication (the ability to hear, understand, and adapt ideas); 5) selection; 6) critical thinking and evaluation; 7) cultural and social understanding, and 8) e-safety and security) [13].
Digital literacy has grown rapidly through WhatsApp, YouTube, Instagram, Twitter, Google, and so forth. It calls for the users’ ability to use information and communication technologies to find, evaluate, create, and communicate information using their cognitive and technical skills [14]. Recently, digital communication in social media applications has shifted Bahasa Indonesia from its standardized rules of writing. It results in the use of inappropriate short vocabulary, emoticons, and the emergence of new terms, and mixed languages. These shifts are commonly referred to as slang. It results from the users’ efforts to use contextual vocabulary following the mainstream media. In this case, language shift takes place where Bahasa Indonesia has shifted to the varieties of use with the non-standard language variety.
This paper discusses the use of Indonesian slang in social media. In particular, various findings of vocabulary and forms of slang are described and analyzed. This study employed a qualitative descriptive approach through observation of empirical facts and phenomena witnessed by researchers [15], [16]. All visible phenomena are recorded and detailed as it seeks to reflect the data directly obtained from the object. The data were obtained from various social media platforms through observation and note-taking.
The causes of slang were observed whether due to internal or external factors. In this case, internal changes occur from within, which are in the phonological system, morphology, syntax, or other levels. While external changes are caused by outer factors such as borrowing or absorption of other language elements. External changes may also be caused by socio-economic conditions, regional boundaries, age, and gender.
Discussion
Slang is often found in social media, commonly used in daily communication [2] among teenagers and students. Slang is widely used after being popularized by Debby Sahertian through her Slang Dictionary published in 1992. The use of slang is highly increased in this era as suggested by Y.F. Febriyani and colleagues. In her writing about the people of the Kelurahan Medan Tenggara area, new
vocabulary in Bahasa Indonesia was massively used where the existence of formal Bahasa Indonesia is fading. The use of television, radio, newspapers and the internet is certainly a supporting factor in the widespread use of slang [17].
Slang among the young generation
In this study, 42 respondents comprised of students and the general public were approached through Google Form. Results show that 59.5% encountered Slang and used it in their social media; 23.8%
often used it, and only 16.7% rarely used it. These numbers showed that Slang has dominated the digital society.
Figure 1. A pie chart of respondents’ results on the use of Slang on social media
Slang was created as a communication bridge between millennial generations to put away distance or language boundaries when gathering with their friends [18]. In this case, knowledge and the ability to use a new language or term is associated with a person’s degree of association in a modern urban community. A person will be considered “uncivilized” if he does not know the meaning of certain terms. Slang emphasizes a shared social identity and a sense of community among its users.
Forms of Slang
Based on the questionnaire results (n=42), there is some acquired slang vocabulary in social media.
a. Acronym
The acronym is an abbreviation in the form of a combination of letters, syllables, or other parts, written and pronounced as natural
words. The found acronyms in digital communication are closely related to today’s youth’s lifestyle.
Table 1. Slang Acronyms
No Acronyms Complete words Meaning Sentence
1 Bucin BUdak CINta Being in love “Look at you, bucin!”
2 Japri JAlur PRIbadi Direct/
private message
“Just japri me later.”
3 Nobar NOnton BAReng Going to the
cinema “Let’s go nobar.”
4 Mantul MANtap beTUL Very well “What you did is mantul!”
5 Pansos PANjat SOSial Fighting for social recognition
“She likes to pansos a lot.”
6 Mager MAlas GERak Prefer to stay
home “Don’t be so
mager!”
7 Gaje engGAk JElas Hard to
describe “That man is so gaje.”
8 Kudet KUrang upDaTE Outdated “You’re so kudet.”
9 Baper BAwa PERasaan Sensitive “Don’t get baper easily,”
b. Abbreviation
The abbreviation is resulted from shortening in the form of letters or a combination of letters. The standard practice of abbreviations is to take the initial letters of words arranged in a particular structure.
Table 2. Abbreviation
No Abbreviation Complete words Sentence
1 PAP Post a picture “PAP please,”
2 Thx Thanks “Thx a lot, Bro!”
3 VC Video call “Let’s VC, Hun,”
4 GWS Get well soon “GWS and see you,”
5 OTW On the way “I’m otw,”
It can be seen from the table that abbreviations come from English.
c. Code-mixing
There are code-mixing between Bahasa Indonesia and English in the slang used in digital communication. This occurs because the
speech participants are heterogeneous in some cases, such as based on location, education, gender, or age. These affect the results of code-mixing vocabulary, summarized as follows:
Table 3. Code-mixing
No Code-mixing Sentence Notes 1 Mendownload Kamu sudah
mendownload jurnal?
Download is from English added with Indonesian prefix: men-
2 Mengupload Kamu sudah
mengupload tugas?
Upload is from English added with Indonesian prefix: meng-
3 Mengupdate Eh aku tadi update status baru lo, jangan lupa dilihat ya.
Update is from English added with Indonesian prefix: meng-
4 Direlease Eh, film baru udah direlease belum ya?
Release is from English added with Indonesian prefix: di-
5 Send Fotonya sudah aku
send ya Send is from English and is directly integrated into Bahasa Indonesia’s sentence
6 Discount Eh, di matahari lagi ada discount loh, kesana yuk
Discount is from English and is directly integrated into Bahasa Indonesia’s sentence
7 Voucher Setiap pembelian di Garasi Fnb Akan Mendapatkan Voucher
Voucher is from English and is directly integrated into Bahasa Indonesia’s sentence
8 Ambyar Konser itu
membuat ambyar penonton
Ambyar is Javanese and is directly integrated into Bahasa Indonesia’s sentence
9 Rebahan Rebahan dulu
dong Rebahan is Javanese and is directly integrated into Bahasa Indonesia’s sentence
10 Julid Emak-emak hobi
julid Julid is spoken slang is directly integrated into Bahasa Indonesia’s sentence
11 Ghosting Hobi kok ghosting
to Ghosting is from English and is directly integrated