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

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.

Traditional cultural expressions in theatrical performance: meaning and value

The object of the investigation is the relation between theatrical discourse and traditional cultural expressions. The main objective of the research is to highlight the way traditional art was made use of by directors at different historical stages and the artistic, cognitive, educational meanings and valences of some forms of traditional cultural expressions in the structure of theatrical discourse. Resorting to the comparativehistorical method, through the analyzes of the performances, we demonstrate the polysemanticism of the dramatic action and the variety of artistic functions of the traditional Romanian song, of the nuptial ceremony ”Iertarea miresei” /Forgiveness of the bride”, of the rite of passage “Moşii/Forefathers” in the spectacular universe created by directors in different theaters. These traditional forms promote and affirm identity marks – of the ethnic group and of the creative individuality (playwright, director, set designer, actor), but also the intercultural character of some shows.

Perlindungan Motif Tato Suku Dayak dalam Dimensi Hukum Hak Cipta di Indonesia

Dayak tattoos are works of art with tattoo motifs created by the Dayak people from generation to generation so that they can be referred to as Traditional Cultural Expressions, but now these tattoo motifs are widely used by modern society and are considered as art. The purpose of this paper is to identify, analyze and elaborate the legal protection arrangements for modern tattoos based on the provisions of the copyright law in Indonesia, as well as the protection of Dayak tattoos from a copyright perspective. This paper is a normative legal research with descriptive analysis technique. The results show that tattoos are one of the objects of copyright protection in the form of images that receive automatic protection as stipulated in Article 40 letter f UUHC. Regarding the tattoo motif of the Dayak Tribe, it should be protected as one of the Traditional Cultural Expressions as stipulated in Article 38 paragraph (1) UUHC. Protection is given considering that the tattoo motif of the Dayak Tribe is closely related to the values ??that live in the community that bears it, including customs, customary law norms, and other noble norms that are upheld by the Dayak community. Therefore, the State is obliged to carry out an inventory, maintain and preserve the existence of the tattoo motif of the Dayak Tribe. Tato Suku Dayak merupakan karya seni motif tato yang diciptakan oleh masyarakat suku Dayak secara turun-menurun sehingga dapat disebut sebagai Ekspresi Budaya Tradisional, namun kini motif tato tersebut banyak digunakan oleh masyarakat modern dan dianggap sebagai hal yang seni. Tujuan penulisan ini adalah untuk mengidentifikasi, menganalisis dan mengelaborasi pengaturan perlindungan hukum terhadap tato modern berdasarkan ketentuan undang-undang hak cipta di Indonesia, serta perlindungan terhadap tato Suku Dayak dalam perspektif hak cipta. Tulisan ini merupakan penelitian hukum normatif dengan tehnik deskriptif analisis. Hasil penelitian menunjukkan bahwa tato merupakan salah satu objek perlindungan hak cipta berupa gambar mendapat perlindungan secara otomatis atau automatically protection sebagaimana ditentukan dalam Pasal 40 huruf f UUHC. Berkaitan motif tato Suku Dayak sepatutnya dilindungi sebagai salah satu Ekspresi Budaya Tradisional sebagaimana ditentukan dalam Pasal 38 ayat (1) UUHC. Perlindungan diberikan mengingat motif tato Suku Dayak memiliki keterkaitan erat dengan nilai-nilai yang hidup dalam masyarakat pengembannya, antara lain adat-istiadat, norma hukum adat, dan norma-norma luhur lain yang dijunjung tinggi oleh masyarakat Suku Dayak. Maka dari itu, Negara wajib untuk melakukan inventarisasi, menjaga dan melestarikan keberadaan motif tato Suku Dayak.

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

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.

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

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.

Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali

Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.

Integration of Cultural Digital form and Material Carrier form of Traditional Handicraft Intangible Cultural Heritage

Intangible cultural heritage is the continuous progress of human society. Intangible cultural heritage refers to various traditional cultural expressions that exist in intangible form and are closely related to the lives of the people and inherited from generation to generation. Intangible cultural heritage is a human-oriented living cultural heritage. It emphasizes human-centric skills, experience, and spirit, and is characterized by living changes. What stands out is the intangible attribute, and more emphasis on the quality that does not depend on the material form. The biggest feature of intangible cultural heritage is that it is not divorced from the special life and production methods of the nation, and it is the living of the nation's personality and national aesthetic habits. Appears. It exists on the basis of human beings, using voice, image and skills as means of expression, and passing from word to mouth as a cultural chain to continue. It is the most vulnerable part of living culture and its traditions. Therefore, for the process of inheriting intangible cultural heritage, the inheritance of people is particularly important. The traditional handicraft intangible cultural heritage is one of the best. However, with the rapid development of society, the living environment of intangible cultural heritage has changed, and the intangible cultural heritage of traditional handicraft industry is rapidly declining or even disappearing. In order to protect traditional handicraft intangible cultural heritage, this article studies the influence of the integration of traditional handcrafted intangible cultural heritage with the form of material carrier, reading and analyzing a large number of related documents using the literature survey method, and according to research needs, through the study of the content of the literature In summary, a questionnaire survey method was adopted to investigate traditional handicraft intangible cultural heritage visitors and inheritors. The results of the survey found that visitors’ satisfaction with the integration of digital forms and physical carrier forms of intangible cultural heritage projects was nearly 30% higher than that of unintegrated forms. Inheritors generally believe that integrated research has better publicity and education for traditional handicraft intangible heritage. The merged handmade intangible cultural heritage items are easy to store, retrieve and query, and at the same time help to preserve the related traditional handmade intangible cultural heritage items safely and for a long time, making the traditional handmade intangible cultural heritage items widely spread and shared around the world.

PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL INDONESIA DALAM SISTEM YANG SUI GENERIS

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.

Perlindungan Hukum Terhadap Hak Cipta Geguritan Bali Di Indonesia

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.