Goverment’s Policy in Implementing Sharing of Benefits from Utilization of Genetic Resources of the Traditional Knowlegde of the Indigenous People

Abstract

Through legal method, this research aims to: 1) analyze procedure for the recognition of indigenous people to the legal status as a provider of traditional knowledge; 2) analyze the access for using the traditional knowledge; and 3) formulate Government’s policy that needs to be implemented in realizing fair and equitable benefit sharing for indigenous peoples. The results show that: 1) There is no legal framework yet to implement the Nagoya Protocol on procedures for the recognition of indigenous people and their legal standing as providers of genetic resource of traditional knowlegde. Meanwhile, the Local Regulation No. 07 Year 2012 on Empowerment and Development of the Institute of Malay culture does not regulate procedures for the recognition of Indigenous people; 2) the traditional knowledge to use plants as medicine has not been documented yet as traditional knowlegde so that access to traditional knowledge is vulnerable to abuse; and 3) in the future the formulation of government policy need to increase the capacity of legislative and administrative institutions, and to build public awareness of the importance to access and benefit-sharing.

Keywords: Traditional knowlegde, Indigenous people, Local Government’s policy.