scholarly journals PERLINDUNGAN HUKUM TERKAIT EKPRESI BUDAYA TRADISIONAL “LAGU TRADISIONAL ACEH” DALAM BINGKAI HAK CIPTA

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Tyas Adi Putra Nugraha
Keyword(s):  
Legal Knowledge ◽  
Intellectual Work ◽  
Cultural Expression ◽  
The Public ◽  
Maximum Protection ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Clear Goal

Traditional Cultural Expression is an intellectual work that needs to be protected. Traditional Cultural Expression is rooted in three words: tradition, culture, and expression. The meaning of "expression", expresses a clear goal, idea or feeling. In this paper, the author raises an example of a traditional cultural expression, namely the cultural expression of traditional Acehnese songs owned by the local Acehnese people. Songs such as "Bungong Jempa", are a small example of the traditional wealth of the Acehnese people that should be preserved and protected by the government. The purpose of this study is to find out how is the protection related to traditional cultural expressions in Indonesia? And has the method of recording/inventorying traditional cultural expressions in Indonesia provided maximum protection for the cultural expressions of traditional Acehnese songs? The benefit of this research is that it is hoped that it can provide benefits for the development of legal knowledge in Indonesia and can provide insight or information to the public, especially regarding the object of copyright as one of the productive waqf in Indonesia.

scholarly journals Normative Protection of Traditional Knowledge and Traditional Cultural Expressions in Indonesia

2019 ◽  
pp. 97-112
Author(s):  
Gabriel Theofany
Keyword(s):  
Traditional Knowledge ◽  
Legal Regulation ◽  
Economic Benefits ◽  
Legal Regime ◽  
Qualitative Approaches ◽  
Maximum Protection ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Legal Product

It is undeniable that the flow of globalization plays a major role in every aspect of state life, including the field of law and the legal product itself. Indonesia as a WTO member is obliged to ratify various types of international agreements to be made into domestic law products in the form of the Law. One of the important issues that must be protected is Intellectual Property Rights which is compiled based on the TRIPs standard. In its development, the concepts and characteristics of IPR have caused losses to developing countries such as Indonesia which have many assets in the form of traditional knowledge and traditional cultural expressions held by local communities. The IPR legal regime cannot accommodate the protection of traditional knowledge and traditional cultural expressions as a whole. The direction of legal regulation that protects traditional knowledge and traditional cultural expressions today is to form a new legal product that is specifically outside the IPR regime. The Bill on Traditional Knowledge and Traditional Cultural Expressions has long been composed by Indonesia since 2008 and included in the 2009-2014 National Legislation Program. But even until now there has been no approval made by the government. The normatification of this bill is very important to be done so that it can be given that traditional knowledge and traditional cultural expressions can be used as an aid for advancing the nation's economy. By using normative legal research methods and qualitative approaches, this study concludes that the IPR legal regime in Indonesia has not been able to provide maximum protection to traditional knowledge and traditional cultural expressions. Therefore, it is very important to discuss and ratify the Bill on Traditional Knowledge and Traditional Cultural Expressions to become products law to guarantee protection and provide economic benefits to the State and society.

scholarly journals The Challenges of Legal Protection on Traditional Cultural Expressions of Lampung

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (3) ◽  
pp. 221
Author(s):  
Rohaini Rohaini ◽  
Kingkin Wahyuningdiah ◽  
Nenny Dwi Ariani
Keyword(s):  
Indigenous People ◽  
National Culture ◽  
Legal Protection ◽  
Shared Resources ◽  
Cultural Expression ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Traditional Communities

Traditional Cultural Expressions are creations in the field of art that contain elements of traditional heritage characteristics as a national culture which are shared resources developed and maintained or preserved by certain traditional communities. In Lampung, there are various traditional cultural expressions of Lampung indigenous people that still exist. It needs to be protected due to it has unique characteristics and different from other intellectual works. Based on article 38 of Law No 14 of 2018 on Copyright, the Government of Lampung must protect and prevent unauthorized claims and misappropriation of Lampung Traditional Cultural Expression. Using the socio-legal approach, the reseach aims to examine and analyze kinds of legal protection done by Lampung Government for protecting TCE in Lampung, and the challenges of it.

scholarly journals PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL INDONESIA DALAM SISTEM YANG SUI GENERIS

Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 388-415
Author(s):  
Yenny Widyanti ◽  
Keyword(s):  
Legal Research ◽  
Cultural Expression ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

This paper aims to analyze the importance of Indonesian traditional cultural expressions governed by sui generis. To obtain these objectives, this legal research uses statutory approach with a systematic interpretation. Based on the results, it can be concluded that the regulation of Indonesian traditional cultural expression in Law Number 28 of 2014 about Copyright still cannot realize the protection of Traditional Cultural Expressions due to differences in characteristic between copyright with traditional cultural expression.

scholarly journals Perlindungan Hukum Terhadap Hak Cipta Geguritan Bali Di Indonesia

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 562
Author(s):  
Putu Bagus Dananjaya ◽  
I Gede Pasek Pramana
Keyword(s):  
Legal Protection ◽  
The State ◽  
Copyright Holder ◽  
Regional Government ◽  
Cultural Expression ◽  
Legal Remedies ◽  
City Culture ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions ◽  
The City

Geguritan Bali as a Traditional Cultural Expression whose copyright is held by the State is a provision of Article 38 paragraph (1) of Law Number 28 Year 2014 concerning Copyright. Countries are required to inventory, preserve and preserve traditional cultural expressions. The problem is that the use of traditional cultural expressions is easily claimed to be the domain of other parties who registered and published it earlier. This study aims to analyze legal protection and legal remedies if the Bali Geguritan is reproduced without permission for commercial needs. This study uses a normative legal research method with a statutory approach. The results of this study indicate that the protection of Geguritan Bali's copyright works in the Copyright Act has not been able to protect the expression of traditional culture as a whole because of the blurring of norms and character differences between Intellectual Property Rights and Traditional Cultural Expressions. The Regional Government has the authority to file a lawsuit related to the multiplication of Geguritan Bali without permission for commercial needs. Based on the theory of the authority of the mandate granted by the state as the copyright holder to the Provincial Culture Office and the City Culture Office as the area carrying the Traditional Cultural Expressions.

scholarly journals Supervision Arrangements in Order to Strengthen the Protection of Traditional Cultural Expressions as Intellectual Property

2021 ◽  
Vol 10 (2) ◽  
pp. 238
Author(s):  
Lily Karuna Dewi ◽  
Dewa Gde Rudy
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Copyright Law ◽  
Legal Regulations ◽  
Legal Research ◽  
Sense Of Security ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Laws And Regulations

The government is responsible for protecting, not only traditional cultural expressions as part of biodiversity, but also as the property of local communities. Legal regulations related to the aspect of supervision in the protection of traditional cultural expressions have not been explicitly stated in statutory regulations. Regulating aspects of supervision related to the protection of Traditional Cultural Expressions are very important in order to provide a sense of security and comfort to indigenous peoples as owners of these Traditional Cultural Expressions, and to maintain respect for the communal community. The purpose of this paper is to find a juridical basis regarding the supervision of traditional cultural expressions. The research method in the preparation of this article is the normative legal research method, in which this research examines the laws and regulations that are related to legal problems that occur. The results showed that the aspects of supervision in the laws and regulations relating to the protection of traditional cultural expressions have not been regulated in a substantial and detailed manner and only become part of Article 38 paragraph (2) of the Copyright Law. The existence of an aspect of supervision carried out by related parties is very important as part of Article 38 paragraph (3) of the Copyright Law.

scholarly journals PERLINDUNGAN HAK CIPTA ATAS EKSPRESI BUDAYA TRADISIONAL PADA KERAJINAN TANGAN DI PROVINSI KEPULAUAN BANGKA BELITUNG

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Siti Nurhaini
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Ministry Of Education ◽  
Role Of Government ◽  
Record Keeping ◽  
Traditional Cultures ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions

This study describes how the copyright protection of traditional cultural expressions on crafts in the province of Bangka Belitung. The study also aimend to determine the role of government on copyright protection of traditional cultural expressions on crafts in the the province of Bangka Belitung. Legal protection of the traditional cultural expressions on the crafts they attempt registration and record-keeping by the government, but there are some traditional cultures are registered and certified by the Ministry of Education and Culture called intangible cultural heritage. The role of government in the protection of copyright in traditional cultural expression in the crafts in this stage is to provide guidance, record keeping and registration by the government. With the government registering traditional cultures in the Pacific Island through the Ministry of Education and Culture annually through several stages of selection by the Ministry Center.

scholarly journals PROTECTION OF MELINTING DANCE AS HERITAGE CULTURE FROM LAMPUNG SOCIETY CUSTOM IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW SYSTEM

2020 ◽  
Vol 1 (1) ◽  
pp. 23 ◽  
Author(s):  
Reza Aditya Ramadhan
Keyword(s):  
Intellectual Property ◽  
Provincial Government ◽  
Property Law ◽  
Traditional Dance ◽  
Cultural Expressions ◽  
The Republic ◽  
The Government ◽  
Protecting Intellectual Property ◽  
Traditional Cultural Expressions

The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.

scholarly journals mplementasi Perlindungan Hukum Hak Kekayaan Intelektual (HKI) Terhadap Ekspresi Budaya Tradisional (EBT) Di Tinjau Dari UU Nomor 28 Tahun 2014 Tentang Hak Cipta

2021 ◽  
Vol 2 (1) ◽  
pp. 36-47
Author(s):  
Putu Nendrawan ◽  
Gede Rastika
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Empirical Method ◽  
Research Approach ◽  
Cultural Expression ◽  
Approach Method ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions ◽  
Ipr Protection

The purpose of this research is to find out how the current intellectual property rights (IPR) protection which regulates Traditional Cultural Expression (EBT). The research approach method used in this study is a juridical empirical method with descriptive analytical specifications. The results of the study found that Traditional Cultural Expressions (EBT) need protection of Intellectual Property Rights (HKI). The government's efforts to protect Traditional Cultural Expressions (EBT) can be carried out by implementing appropriate and proper protection regulations for Traditional Cultural Expressions. The importance of implementing proper and good regulations with the aim of protecting in the future Traditional Cultural Expressions do not experience extinction at both the regional and national levels.

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