Abstract
The research is financed by the Ministry of Education and Culture of Indonesia through the Student Creativity Program-Social Humanities Research (PKM-RSH) Abstract This study aims to identify the pattern of legal protection conducted by the Regional Government of Magelang Regency against the Topeng Ireng dance art. This study uses empirical juridical research with primary data from field data obtained from interviews with the Topeng Ireng Dance Community, the Education and Culture Office of Magelang Regency, and the Association of Indonesian Intellectual Property Centers (ASKII). Secondary data was obtained from primary legal materials in the form of Copyright Law of 2014 and Law Number 5 of 2017 concerning the Advancement of Culture. The data obtained were then analyzed qualitatively and presented descriptively. The results showed that the Topeng Ireng dance meets the requirements as work and deserves copyright protection. The protection of the Topeng Ireng dance is in the form of preventive legal protection by taking inventory, development, utilization and guidance. Repressive legal efforts have not been implemented because until present, no claims have been found by other parties against the Topeng Ireng dance. However, if this condition occurs, the local government of Magelang Regency will immediately act by filing a lawsuit to the Commercial Court accompanied by concrete evidence in the form of publication videos, history books of the establishment of the Topeng Ireng dance, activity inventory books and witnesses from the Topeng Ireng community. The factors that influence the implementation of the protection of the Topeng Ireng dance consist of regulatory factors, law enforcement, facilities that support law enforcement, society, and culture. Keywords: Topeng Ireng Dance Art, Legal Protection, Copyrights of art DOI: 10.7176/JLPG/116-03 Publication date: December 31 st 2021
Highlights
Art is part of the cultural tradition of the people who always live as a form of personal or group expressions (Najah and Malrsih, 2019)
Dance is one of the objects of Intellectual Property Rights which is protected in Law Number 28 of 2014 (UUHC)
Numerous occurrences involving neighboring countries claiming Indonesian artworks demonstrate a lack of public understanding and awareness, as well as the government's efforts to protect intellectual property rights
Summary
Art is part of the cultural tradition of the people who always live as a form of personal or group expressions (Najah and Malrsih, 2019). The issue of intellectual property rights is often a hot issue, especially in terms of traditional arts. Numerous occurrences involving neighboring countries claiming Indonesian artworks demonstrate a lack of public understanding and awareness, as well as the government's efforts to protect intellectual property rights. Efforts to protect traditional arts can be done by publicizing the culture as widely as possible. The emergence of several issues in the area of intellectual property rights demonstrates that the ideals underlying the protection of indigenous culture have not been fully implemented to yet (Astar, 2017). The diverse cultures that exist in Indonesia are in dire need of a protection effort, especially legal protection in it as an intellectual property (Hapsari, 2013)
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