Yuridika
Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020

Traditional Cultural Expressions and Intellectual Property Rights in Indonesia

Diah Imaningrum Susanti (Widya Karya Catholic University)
Rini Susrijani (Widya Karya Catholic University)
Raymundus I Made Sudhiarsa (Sekolah Tinggi Filsafat Widya Sasana Malang)



Article Info

Publish Date
26 Dec 2019

Abstract

Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection.

Copyrights © 2019






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...