Legal Reform through Strengthening Protection of Communal Intellectual Property in the Enggano Community in Bengkulu Province

Abstract

Communal Intellectual Property (KIK) in various regions of Indonesia, including Enggano Island, is abundant. However, there is a notable absence of visible protection for KIK on this island. Thus, there is a need for legal reforms or the strengthening of intellectual property protection in order to address this issue. This study aims to inventory and identify the forms of communal intellectual property protection, as well as the factors inhibiting such protection. The empirical method was employed for this study. The population and sample consisted of pa'buki (traditional leaders), tribal chiefs, sub-tribal chiefs, community members, and the head of the regional office of the Ministry of Law and Human Rights. The findings of this study revealed an inventory of KIK potentials, encompassing traditional knowledge, genetic resources, traditional cultural expressions, and potential geographical indications. However, special protection measures for KIK potentials in Enggano Island were found to be lacking, with only preventive and repressive means being available for protection. The inhibiting factors affecting KIK protection included the condition of the area, a lack of socialization efforts, and limited government attention. Based on the study's results, it is imperative to develop an inventory of these KIK potentials and establish relevant agencies responsible for registering and protecting KIK in Enggano Island. This will help ensure the preservation and safeguarding of Enggano’s unique communal intellectual property.