Abstract
Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of Governmental Decree concerning TCE but this draft has not been promulgated.
Highlights
Traditional Culture Expression (TCE)1 is one of the interesting and developed issues in protecting traditional intellectual properties
Some issues related to Indonesia Traditional Cultural Expression (TCE) were observed in the main theatre of Esplanade, Singapore where the Bugis epic contemporary work I La Galigo was performed in 2004.14 Another important example was reported at the end of 2007 when Indonesians were alarmed by the “Rasa Sayange” song played in a Malaysia tourism website under the Truly Asia theme which was used to promote the website
The findings of this study showed the possibility of linking the implementation of TCE protection in Indonesia to the approach directed towards protecting intellectual property as indicated as follows: a
Summary
Traditional Culture Expression (TCE) is one of the interesting and developed issues in protecting traditional intellectual properties. Some issues related to Indonesia TCE were observed in the main theatre of Esplanade, Singapore where the Bugis epic contemporary work I La Galigo was performed in 2004.14 Another important example was reported at the end of 2007 when Indonesians were alarmed by the “Rasa Sayange” song played in a Malaysia tourism website under the Truly Asia theme which was used to promote the website.15 These add to the already long list of Indonesian culture claimed by Malaysia since Indonesian batik, handicraft, and wayang have been patented to be used as the country’s brand for Asian display. Some of the country’s traditional batik was commercialized by foreign parties such as the Parang batik motif reported to have been claimed by Malaysia.17 These descriptions showed Indonesia is a multicultural and multiethnic country with a wide TCE used as cultural heritage which needs active protection from going into extinction and to explore its economic benefits for the use of the local economy. It was conducted in Surakarta and Jakarta at the Republic of Indonesia Directorate of Culture Ministry of Education and Culture, and Directorate General of Intellectual Property under the Ministry of Law and Human Rights
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