Protection of Dance’s Copyright (Study on Conception and Regional Government's Effort to Protect Topeng Ireng Dance in Magelang, Indonesia)

Abstract

The research is financed by the Ministry of Education and Culture of Indonesia through the Student Creativity Program-Social Humanities Research (PKM-RSH)

Abstract

This study aims to identify the pattern of legal protection conducted by the Regional Government of Magelang Regency against the Topeng Ireng dance art. This study uses empirical juridical research with primary data from field data obtained from interviews with the Topeng Ireng Dance Community, the Education and Culture Office of Magelang Regency, and the Association of Indonesian Intellectual Property Centers (ASKII). Secondary data was obtained from primary legal materials in the form of Copyright Law of 2014 and Law Number 5 of 2017 concerning the Advancement of Culture. The data obtained were then analyzed qualitatively and presented descriptively. The results showed that the Topeng Ireng dance meets the requirements as work and deserves copyright protection. The protection of the Topeng Ireng dance is in the form of preventive legal protection by taking inventory, development, utilization and guidance. Repressive legal efforts have not been implemented because until present, no claims have been found by other parties against the Topeng Ireng dance. However, if this condition occurs, the local government of Magelang Regency will immediately act by filing a lawsuit to the Commercial Court accompanied by concrete evidence in the form of publication videos, history books of the establishment of the Topeng Ireng dance, activity inventory books and witnesses from the Topeng Ireng community. The factors that influence the implementation of the protection of the Topeng Ireng dance consist of regulatory factors, law enforcement, facilities that support law enforcement, society, and culture.

Keywords: Topeng Ireng Dance Art, Legal Protection, Copyrights of art

DOI: 10.7176/JLPG/116-03

Publication date: December 31^st 2021