Commercialization of Knowledge Traditional Medicines in Indonesia

Abstract

Legal protection of traditional knowledge relating to the field of medicine generally aims to provide commercial utilization of traditional knowledge for the benefit of the national economy. This research aims to conduct an analysis related to legal protection and a comparison of commercialization policies regarding Indonesia’s traditional medicinal knowledge with China. The research method uses a normative juridical approach that focuses on literature study, which is descriptive and analyzed qualitatively. The result of this research is that the legal protection of traditional knowledge related to the field of medicine in Indonesia does not yet have strict regulations and there are no rules regarding the commercialization of traditional medicinal knowledge in Indonesia. This becomes an urgent need because of the lack of adequate rules regarding the protection of traditional medicinal knowledge in Indonesia, causing the operation of law in Indonesia to not work optimally in providing legal protection that is justice, certainty, and usefulness in indigenous peoples as inventors and managers of traditional medicinal knowledge. In contrast to the protection of traditional Chinese medicinal knowledge which already has clear rules regulating the commercialization of the use of traditional medicine. So that now traditional Chinese medicine is used and studied in medical schools around the world.