The Principles of Traditional Knowledge Protection in the Perspective of Indonesian National Law

Endang Prasetyawati ,Andy Usmina Wijaya

doi:10.7176/jlpg/103-03

Abstract

Indonesia is rich in culture, both historical heritage and traditional knowledge with enormous potential to produce various kinds of works and traditions from all regions of Indonesia. However, indigenous people as the owners of traditional knowledge do not have much protection when foreign parties exploit the cultures without permission to acknowledge the culture as their property. So far, the intellectual property regime has not been able to protect because of the different protection concept. The state of Indonesia also does not have specific laws and regulations yet to protect the traditional knowledge of those indigenous people. This dissertation research uses statute approach, conceptual approach, comparative approach, and philosophical approach.The result of this research shows the concept of traditional knowledge is part of the intellectual property rights regime, whether it is owned, controlled, or used by a particular community or ethnic group which is hereditary and it continues to develop linear to the environmental changes. The ownership of traditional knowledge is a collective communal . It is different from other intellectual property rights regimes which are more individualistic. The legal protection that can be applied to traditional knowledge is based on the recognition and protection of human dignity, which is originated from Pancasila and the rule of law of preventive and repressive legal protection. Keywords : traditional knowledge, intellectual property rights, legal protection DOI: 10.7176/JLPG/103-03 Publication date: November 30 th 2020

Highlights

As a country with extraordinary cultures and resources diversity, Indonesia has an enormous economic potential to support a sustainable economic development process
The concept of interested parties refers to the subject of rights holders, which implicitly shows that traditional knowledge has been recognized as having different characteristics from other intellectual property rights (IPR) regimes that are inherent to communal collective ownership
The significance of traditional knowledge for legal protection is due to the practice of misappropriation of traditional knowledge and the strong will to occupy and dominate developing countries in relation to the proposed form of protection for traditional knowledge by developed countries

Summary

BACKGROUND

As a country with extraordinary cultures and resources diversity, Indonesia has an enormous economic potential to support a sustainable economic development process. It is not surprising that this value has caused foreigners to repeatedly exploit without permission nor recognize the Traditional Knowledge as their own This is happening because Indonesia still does not have laws and regulations to protect the traditional knowledge of indigenous people until now. The absence of traditional knowledge recognition as part of intellectual property rights (IPR) caused no legal protection to misappropriation committed by foreigners, including in Indonesia. This occurs because of the differences of the unique characteristics related to the collective communal of traditional knowledge and the private rights of IPR regime in general. Based on the background above, the problem statement which can be elaborated is the regulation of traditional knowledge protection in the perspective of Indonesian national law

RESEARCH METHODOLOGY

DISCUSSION

Conclusion