The characteristics of imposition of pledge on the trademark rights in Musharakah financing

• Main Authors: Fiska Silvia, Usanti Trisadini Prasastinah
• Format: Article
• Language: English
• Published: Institute of Modern Humanitarian Researches 2019-12-01
• Series: Studia Humanitatis
• Subjects: trademark certification; pledge; musharakah; islamic bank; trademark right; civil code; article 1150; indonesia
• Online Access: http://st-hum.ru/en/node/864/

This article describes the characteristics of the pledge on the right of trademark which is imposed on obligations in Islamic banks. Based on the research, in practice, it is very rare that an Islamic bank accepts the rights of trademark as an object of collateral or pledge with some reasons. One of the Islamic bank, which received the rights of trademark as pledge or collateral for Musharakah financing, namely Bank Muamalat Indonesia. This bank imposes a pledge on a right of trademark and it is different from Bank Negara Indonesia, which prefer imposition Fiduciare Eigendom Overdracht (hereinafter referred to as FEO) or fiduciary transfer of ownership in their financing. Pledge is favourable and it has more advantages in its characteristics for banks and debtors as compared to FEO. Pledge has simple mechanism and its perform execution. In addition, pledge is more efficient especially in terms of cost. Furthermore, in mechanism of the pledge, there is no registration and it is not necessarily in the form of authentic deeds, while in FEO mechanism, there is obligation to register electronically (by online) and original documentation is required. On pledge there is no duty to rescission, but in FEO, there is such a mechanism.