Legal Protection on Traditional Culture Expression of the Indigenous Society

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