Cultural heritage legal protection of Batik motif cipta karya (Case study of claims for cancellation and compensation for infringement of the copyright “motif tunas harapan” no. 04 / Pdt.sus.hki / Hakcipta / 2020 / Pn.niaga.jkt.pst)

Abstract

Copyright is a part of intellectual property with an extensive scope of protected objects, one of which is batik. Batik is one of the cultural heritages of creative work that people must preserve. The creators’ market various kinds of batik patterns or motifs in designing to distinguish one motif from another. One of the most popular and salable batik motifs used for school uniforms from elementary school to high school/vocational school is the Tunas Harapan batik motif. Still, this batik motif gave birth to a dispute in court No.04 / Pdt.Sus. HKI / HakCipta / 2020 / PN.Niaga.Jkt.Pst. This study’s first objective is to study and analyze the concept of protection of copyright works as a cultural heritage from normative studies. Second, to find a model of legal protection for Indonesian cultural heritage based on database-based batik motifs. The research method used was normative juridical, analyzed qualitatively. The results show that the batik motif is one of the protected creations in science, art, and literature as regulated in Article 40 of Indonesian Law on Copyright enacted in 2014. The work of batik motifs has moral and economic values. There is the fact that an act against the law, either intent or negligence, which is detrimental to the creator/owner, can file a lawsuit to the Commercial Court. Registration of making the first batik motif that is given legal protection. The legal protection model’s importance through a database of Indonesian cultural arts, especially batik motifs, is collected in one particular institution. A categorization classification is compiled according to the World Intellectual Property Organization (WIPO). They protected legal instruments nationwide and used them as a reference in bilateral agreements to cancel the granting of copyrights that imitate the art and culture of batik motifs both at home and abroad. This research is also to determine the protection of copyright works in Vietnam.