Analisis Hak Kekayaan Intelektual Sebagai Objek Wakaf Dalam Upaya Meningkatkan Perekonomian di Indonesia

Bellah Putri Afandi

Abstract


Related to the defnition of wealth in Islamic law, intellectual property can be perceived as wealth because, according to jumhur ulama (majority of Islamic scholars), what is called as wealth is not limited to material or things. It can also be in forms of benefts of rights. The foundation of intellectual property as the object of waqf is on the usefulness principle of intellectual property, in which it can provide gain and usefulness that can be exploited continuously without expending or destroying the object. Not all intellectual property is object
for waqf. It is limited to intellectual properties that has produced royalty, or those that can be used by other parties. The valuation of intellectual property entirely refers to Panduan Praktik Penilaian Indonesia 4 Penilaian Aset Tidak Berwujud (Guidelines for Indonesian Valuation Practice 4 – Valuation of Intangible Asset). Intellectual Property to be religiously endowed must be frst registered in Directorate General of Intellectual Property. Then, the certifcate
of waqf contract with the object of intellectual property must be reported to and registered in Directorate General of Intellectual Property and must be registered in Badan Wakaf Indonesia (Indonesian Board of Waqf). Incomprehensive socialization makes many people are not familiar with waqf of intellectual property. Management of waqf of intellectual property can reduce the number of unemployment because it needs employees to run its production. It also plays a role in the provision of public goods. Establishment of new public facility can improve the efciency of state’s budget and shift demand and supply aggregate, so the output in economy can increase at a stable price level. The government as the regulator, through Ministry of Religious affairs and Badan Wakaf Indonesia, may cooperate with Directorate General of Intellectual Property and sharia banks to develop waqf of intellectual property. Waqf of intellectual property will not develop without the appropriate support from the government.

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