scholarly journals POTENSI WARISAN BUDAYA TRADISIONAL DALAM RANAH HUKUM HAK KEKAYAAN INTELEKTUAL

2015 ◽  
Vol 44 (1) ◽  
pp. 34
Author(s):  
Etty Susilowati

Traditional cultural heritage has the potential to constantly evolve , so should receive legal protection, particularly in developing countries that have an interest in protecting the cultural heritage of his people . All of them need serious attention to avoid the use by other parties who are not responsible. For the traditional cultural heritage have time to have a formal legal instrument , since the rules currently owned is still very low and have not been able to provide optimal protectionWarisan budaya tradisional berpotensi untuk selalu berkembang, sehingga  perlu mendapat perlindungan hukum,terutama pada negara-negara berkembang yang mempunyai kepentingan melindungi  kekayaan warisan budaya  bangsanya. Kesemuanya perlu mendapatkan perhatian yang serius untuk menghindari dari pemanfaatan oleh fihak lain yang tidak bertanggung jawab. Untuk itu warisan budaya  tradisional  telah saatnya  memiliki instrumen hukum secara formal, berhubungaturan yang dimiliki saat ini masih sangat minim dan  belum mampu memberikan perlindungan   secara optimal.

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.


2018 ◽  
Vol 10 (5) ◽  
pp. 1336 ◽  
Author(s):  
Yongzhong Yang ◽  
Mohsin Shafi ◽  
Xiaoting Song ◽  
Ruo Yang

2018 ◽  
Vol 3 (2) ◽  
pp. 223-230
Author(s):  
Indrasen Vencatachellum

This article uses the recent concept of ‘creative economy’ to argue in favour of a dynamic and holistic approach to the promotion of the cultural heritage. This implies namely that the heritage is viewed in both its material and intangible forms and as a driver of sustainable development. After an overview of the diverse interpretations, at natioanl, regional and international levels, of the creative economy, the author illustrates how the cultural heritage can benefit from the growing importance given to unlilited, renewable resources for the development of individuals and communities, especially in the developing countries. The article contains, however, words of caution on the negative effects of the creative economy and submits that these can be overcomed by extending the sphere of the cultural heritage to all areas of developement.


2021 ◽  
Vol 905 (1) ◽  
pp. 012043
Author(s):  
T Kumayza

Abstract Amdal regulation on mining exploitation according to Law No. 32 of 2009 aims to protect and manage the environment properly. This research reveals the paradox of EIA at the micro level (a case study) supporting the neoliberal agenda and facilitating economic development. This study aimed to explore how the practice of compensation for agricultural land at the scoping stage in the preparation of mining Amdal documents. The research was conducted in Mulawarman village, Kutai Kartanagara district, East Kalimantan province in the period 2004-2013. Historically, in the 2004-2013 period, Kutai Kartanegara Regency was the most massive in issuing mining business permits in Indonesia. The results of the study indicate that there was weak legal protection for agricultural land owners and unequal negotiation practices between companies and land owners without government supervision. The practice of compensation is a development tool rather than an environmental protection tool..


2021 ◽  
Author(s):  
◽  
Eric Boamah

<p>In today’s world of digital technologies, cultural heritage institutions, particularly in developed countries, are seeking ways to create national digital memories for the future of the citizenry. However, rapidly developing technologies and their concomitant technological obsolescence put future memories at risk. The challenge is enormous in developing countries that, when compared to their developed counterparts, lack adequate resources and technologies for effective digital resources management and preservation. As a developing country, Ghana appears ready to face the challenges of effective digital resources management. The country has developed programmes and a national policy on information and communication technologies (ICTs) for accelerated development. However, Ghana does not appear to be effective in managing or preserving digital cultural heritage resources.  An interpretive case research design involving 27 semi-structured interviews with key stakeholders from 23 institutions was used to explore the various contextual factors influencing the management and preservation of digital cultural heritage resources (or DPM). Rogers’ (2003) “diffusion of innovation” (DOI) theory and Davies’ (2000) “policy, strategy and resources” (PSR) troika model provided a basis for a preliminary model of factors to guide the research.  Although the DPM innovation was not fully diffused in Ghana, related activities at the base, middle and higher levels of the Ghanaian social system were unintentionally fostering the adoption process. Four main clusters of contextual factors that were influencing the DPM adoption process in Ghana were identified: attitudinal, resources-related, policy-related, and managerial factors. Key stakeholders perceived the design of appropriate strategies, adequate resource allocation, and proper implementation of policies as key enabling factors for effective adoption of DPM in Ghana. However, a general lack of interest in cultural institutions (libraries, archives and museums) and in information management on the part of decision makers and the Ghanaian stakeholders as a whole was found to hinder DPM adoption.  This study extends Information Systems (IS) research involving DOI theory and the PSR troika model into a developing country context. Attitudinal-based complexities involving misunderstandings among various tribal groups in Ghana, and resources-based complexities surrounding technology access and use, were found from the interview data and were added to the initial model which was expanded to aid in understanding the various contextual factors that influence DPM adoption in Ghana. In addition to the study contributing to theoretical understandings in IS research, it provides Ghanaian policy developers with an empirical base for accelerating adoption of DPM in Ghana. It also provides New Zealand and other digital preservation advanced countries with a deeper understanding from which to provide contextually designed advisory services to other developing countries (particularly in the Pacific Island regions) as it enables the contextual understanding of the factors from Ghana.</p>


Sign in / Sign up

Export Citation Format

Share Document