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65 J.L. Pol'y & Globalization 158 (2017)
Legal Protection on Traditional Culture Expression of the Indigenous Society

handle is hein.journals/jawpglob65 and id is 160 raw text is: Journal of Law, Policy and Globalization wwwin ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.65, 2017 Legal Protection on Traditional Culture Expression of the Indigenous Society (1) Rachmad Safa'at (2) Moch Bakri (3) Istislam(4) Stince Sidayang 1Co-Promotor 1 and Dean of the Faculty of Law of Brawijaya University, Malang 2Promotor and Professor of Faculty of Law of Brawijaya University, Malang 3Co-Promotor 2 and Lecturer of Faculty of Law of Brawijaya University, Malang 4 Doctorate Student of Faculty of Law of Brawijaya University, Malang and Lecturer in Legal Studies Program in Social Studies Faculty, State University of Manado * E-mail of the corresponding author : vivisidayang@yahoo.co.id Abstract: The abundance of traditional culture expression variety in Indonesia is one of the main factors in TCE (traditional Culture Expression) protection for Indonesian people. Further, the TCE utilization by foreign parties without considering the economic and moral aspects that caused from the utilization on the TCE on the Indigenous society, and the inadequate system of Conventional Intellectual Property Rights (IPR) in giving effective and efficient protection for TCE, and also in terms of supporting the international convention in the field of TCE, are the factors of why Infonesian Culture must be protected. This dissertation in normative legal research, the approach used is concentrating on 4 (four) approach methods such as: (1) statutory approach, (2) comparative approach, (3) conceptual approach and (4) case approach. The establishment of principles and rules on legal protection must first consists of paradigm changes in terms of protecting TCE that more dupportive on cultural values on Indonesia that are communal and spiritual or in Sajipto Rahardjo term, rooted of social lifesystem become an important thing to do. Keywords: Legal Protection, Traditional culture expression, Indigenous Society 1. Introduction Traditional Cultural Expression hereinafter referred to as TCE is the material manifestation of ethnical and tribal diversity in Indonesia. All this time, Indonesia is included into top five of nations in the world that have the most diverse traditional ethnicity treasure. In its development, Intellectual Property Rights regime is used as legal protection instrument of the diverse natioanl culture. The plus side is that in one side, if this IPR protection is used as legal instrument in creation of individuals or groups that create new creation, it will stimulate the creator to produce more innovative creation, but in the other hand, there are creations that has been owned communally by indigenous community cannot be included into IPR legal instrument and must be differentiated with new creations that must be protected through IPR regime. Related to the important role of TCE protection for Indonesia, it is clear that TCE has very strategic value. This strategic value can be seen from cultural, economical and soial aspects. From cultural aspect, it is clear that with protection towards TCE, the preservation of national culture will be achieved. Today, Indonesia is famous for its cultural diversity, in terms of culture, medicine, and others. If it is identified, there are abundant amount of TCE owned by Indonesia. From social aspect, it is clear that with protection towards TCE, the preservation of social values will be kept and preserved. Because with this, the government will not be able to ignore the TCE owned by Indonesian society. Traditional cultural expression if Indonesia also has promising economic value especially related to tourism and creative economic industry. In tourism industry for example, tourism industry in Bali that almost all are based on TCE has huge contribution for local income and make Bali known across the world. In creative economic field, especially TCE-based craft products, for example, Batik, wood carving, copper carving, silver are products that have quite significant role on national income, but modern technology 1Achmad Zen Umar Purba,Traditional Knowledge: Subject Matter For Which Intelectual Property Protection Id Sought.WIPO Asia Pasific Regional Symposium On Intelectual Property Rights, 2001,hal 17-19. 158

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