The Principles of Traditional Knowledge Protection in the Perspective of Indonesian National Law

Abstract

Indonesia is rich in culture, both historical heritage and traditional knowledge with enormous potential to produce various kinds of works and traditions from all regions of Indonesia. However, indigenous people as the owners of traditional knowledge do not have much protection when foreign parties exploit the cultures without permission to acknowledge the culture as their property. So far, the intellectual property regime has not been able to protect because of the different protection concept. The state of Indonesia also does not have specific laws and regulations yet to protect the traditional knowledge of those indigenous people. This dissertation research uses statute approach, conceptual approach, comparative approach, and philosophical approach.The result of this research shows the concept of traditional knowledge is part of the intellectual property rights regime, whether it is owned, controlled, or used by a particular community or ethnic group which is hereditary and it continues to develop linear to the environmental changes. The ownership of traditional knowledge is a collective communal. It is different from other intellectual property rights regimes which are more individualistic. The legal protection that can be applied to traditional knowledge is based on the recognition and protection of human dignity, which is originated from Pancasila and the rule of law of preventive and repressive legal protection.

Keywords: traditional knowledge, intellectual property rights, legal protection

DOI: 10.7176/JLPG/103-03

Publication date: November 30^th 2020