Legal Problematics: The Existence of Paliasa Leaf in South Sulawesi Society

Abstract

Traditional knowledge as a work which is a communal property opposites characteristically to the legal regime of Intellectual Property rights. Thus, imposing for a regime of intellectual property rights used as a system to protect traditional knowledge will only cause anomalies in Indonesian society itself. While Intellectual Property rights regime in Indonesia is not yet capable protecting traditional knowledge, especially associated with genetic resources. The present of local wisdom of the communities in South Sulawesi to genetic resources is to use Paliasa leaf as a medicinal plant which are documented well in ancient texts “lontarak pabbura” and organized by Ammatoa as Kajang indigenous leaders. Therefore, it needs protection model to protect traditional knowledge and their genetic resources associated with traditional knowledge through a sui generis system as positive protection and defensive protection models in order to provide comprehensive protection against traditional knowledge belong to Indonesian people.