Open AccessSupervision Arrangements in Order to Strengthen the Protection of Traditional Cultural Expressions as Intellectual Property
Author(s) -
Lily Karuna Dewi,
Dewa Gde Rudy
Publication year - 2021
Publication title -
jurnal magister hukum udayana (udayana master law journal)/jurnal magister hukum udayana
Language(s) - English
Resource type - Journals
eISSN - 2502-3101
pISSN - 2302-528X
DOI - 10.24843/jmhu.2021.v10.i02.p04
Subject(s) - paragraph , intellectual property , order (exchange) , indigenous , statutory law , government (linguistics) , normative , legal research , business , property (philosophy) , expression (computer science) , law , political science , law and economics , public relations , sociology , epistemology , computer science , ecology , linguistics , philosophy , finance , biology , programming language
The government is responsible for protecting, not only traditional cultural expressions as part of biodiversity, but also as the property of local communities. Legal regulations related to the aspect of supervision in the protection of traditional cultural expressions have not been explicitly stated in statutory regulations. Regulating aspects of supervision related to the protection of Traditional Cultural Expressions are very important in order to provide a sense of security and comfort to indigenous peoples as owners of these Traditional Cultural Expressions, and to maintain respect for the communal community. The purpose of this paper is to find a juridical basis regarding the supervision of traditional cultural expressions. The research method in the preparation of this article is the normative legal research method, in which this research examines the laws and regulations that are related to legal problems that occur. The results showed that the aspects of supervision in the laws and regulations relating to the protection of traditional cultural expressions have not been regulated in a substantial and detailed manner and only become part of Article 38 paragraph (2) of the Copyright Law. The existence of an aspect of supervision carried out by related parties is very important as part of Article 38 paragraph (3) of the Copyright Law.