Challenges in Protecting Architecture of Traditional Houses in Indonesia

Abstract

This paper aims to analyze the regulations related to protecting the architecture of the traditional house in Indonesia and the challenges in related regulations. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. Firstly, the findings reveal that traditional houses are part of traditional cultural expressions (TCE). Indonesia protects architectural works and TCE in the same intellectual property regime, namely copyright. Therefore, this paper examines the protection of traditional house architecture from the perspective of Copyright law, the Law on the Advancement of Culture, and the TCE Bill. The abovementioned regulations state that the architecture is a protected object unless the TCE Bill is. Second, there are some challenges, such as 1) the priority of the TCE Bill after the change of president; 2) song and music get more benefit from copyright protection rather than the other objects in the copyright regime and no implementing regulation on architecture; and 3) the TCE data collection/inventory is still not optimal yet. Therefore, Indonesia needs to think more seriously about adequate and applicable legal protection for traditional house architecture and other TCEs. The central government should encourage regional governments and related parties to continue data collection and registration of various TCEs in each region to increase the number of registered TCEs. The central government should provide a target number of registered TCEs for the local government. If the target is met, the central government will give a reward so that the local government and related parties will be more enthusiastic about collecting data and registering the TCE with DJKI.
 Keywords: architecture, traditional house, legal protection, Indonesia