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24 J. Legal Ethical & Regul. Isses 1 (2021)
Urgency of Protection of Communal Rights of the Community of Yogyakarta Central Java on the Copyright of the Traditional Architecture Works Reviewed under Law Number 28 of 2014 regarding Copyright

handle is hein.journals/jnlolletl24 and id is 4789 raw text is: 

Journal of Legal, Ethical and Regulatory Issues


     URGENCY OF PROTECTION OF COMMUNAL
  RIGHTS OF THE COMMUNITY OF YOGYAKARTA
     CENTRAL JAVA ON THE COPYRIGHT OF THE
         TRADITIONAL ARCHITECTURE WORKS
     REVIEWED UNDER LAW NUMBER 28 OF 2014
                    REGARDING COPYRIGHT



               Christine S.T Kansil, Tarumanagara University
               Abdul Gani  Abdullah,  Tarumanagara University
                 Simona   Bustani, Tarumanagara University


                                 ABSTRACT

        Protection of communal rights to traditional architectural work is important in the
era of globalization. Traditional architectural work is part of the creative economy.
However, the regime of copyright law has not been able to protect such matter. Traditional
architecture, which is a communal right of the Yogyakarta indigenous people in the Central
Java Region, has not been fully protected in the copyright law. This reasearch is a normative
research which is using secondary data and primary data, such as legislation and cultural
approach, to be analyzed qualitatively. Protection of traditional architecture is protected in
Article 38 of Law No. 28 of 2014 about Copyright. However, the protection is inadequate.
The government should have made a separate regulation that protects Joglo's architectural
work with a sui generis system with three protections, namely positive protection, defensive
protection and causic protection.

Keywords:  Copyright, The Traditional Architecture, Traditional Cultural Expressions


                                 INTRODUCTION


Preamble

        The creative industry is an industry that originates from the use of creativity, skills
and individual talents to create prosperity and employment by generating and exploiting the
individual's creativity. This opinion is in line with the opinion of (Hartley, 2004) who said
that the creative industry is an industry that accommodates traditional creative talents in the
fields of design, performance, production and writing. The creative industry combines all this
with the production of new media and distribution techniques and interactive technologies
with the aim of creating and distributing creative content throughout the service sector of the
new  economy. The creative industries in Europe are known as the culture industry.1 In
Indonesia the creative industry mapped creative industries covering fields, including:
advertising, architecture, the art market, crafts, design, fashion, video, film, photography,
interactive games, music, performing arts, publishing and printing, computer services,
software, television, radio, research and culinary
        Indonesia as a country that has ethnic and cultural diversity, needs to pay attention to
the diversity of its traditional cultural expressions which include all objects of copyright

                                       1


Volume 24, Special Issue 1, 2021


Business Ethics and Regulatory Compliance


1544-0044-24-S 1-129

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