The Utilization of Cultural Artifacts Used in Business Activities Reviewed from Intellectual Property Rights Regulations in Indonesia

Abstract

The utilization of cultural artifacts used in business activities requires an utilization permit from The Department of Tourism or The Ministry of Education, Culture, Research, and Technology. In utilizing them, legal protection is necessary to ensure the protection of human rights. Permission to utilize cultural artifacts is mandatory, and sanctions will imposed. This research uses the doctrinal approach by analyzing secondary data, especially about intellectual property rights regulations. The results of this research conclude that to utilize cultural artifacts in business activities requires permission from the Department of Tourism or The Ministry of Education, Culture, Research, and Technology. Utilizing cultural artifacts in business activities ruled by Articles No. 32-38 of Law No. 5 of 2017 on Cultural Advancement and Article No. 33 of Government Regulation No. 56 of 2022 on Communal Intellectual Property. Those articles discussed that any person who wants to utilize cultural artifacts has to get permission from the minister above, otherwise will get administrative sanctions. The mentioned administrative sanctions include verbal warnings, written warnings, administrative fines, temporary cessation of activities, and revocation of permits