Pustaka Ilmiah Universitas Padjadjaran

Abstrak

The Protection Of Intangible Cultural Resources In The Indonesian Legal System

Traditional batik textiles from Indonesia, for example, which are produced by a traditional wax block immersion technique, have been inscribed as an intangible cultural heritage of humanity based on the UNESCO Convention 2003 concerning the Safeguarding of the Intangible Cultural Heritage of Mankind. However, many varieties of batik can also be protected under Indonesian Law Number 28 Year 2014 concerning Copyright. If the variety is held by an indigenous or local community, it can be protected as a traditional cultural expression under Clause Article 38 of the Copyright Law. If the variety has been developed in an original way by an artist, it can be protected as an individual right under the same law. In addition, if the variety is predominantly characterised by the traditional culture in a certain locality, and so the link between the product and the social context is strong, it could also be protected under Geographical Indications, based on Chapter I, II, VIII, IX, X, and XI of Law Number 20 Year 2016 concerning Trade Marks and Geographical Indications and its implementing regulations specialising in Geographical Indications, as well as under a number of regulations at provincial level.