Copyright Protection of Traditional Culture Expression Efforts to Increase the Productivity of Batik Creative Industry in Indonesia

Nurlaela, Siti and Junaidi, Amir and Hadi, Solichul and Kustiyah, Eny and Edi Waluyo, Sugeng (2018) Copyright Protection of Traditional Culture Expression Efforts to Increase the Productivity of Batik Creative Industry in Indonesia. THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT, 6 (9). pp. 174-178. ISSN 2321–8916

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Abstract

The study aims to determine the efforts to protect traditional cultural expressions through regional regulations. Specifically, to explain the importance of efforts to protect traditional cultural expressions, explain the position of local regulations on the protection of traditional cultural expressions and explain the content of local regulations on the protection of traditional cultural expressions. The research approach method used in this study is normative juridical method with analytic descriptive specifications. Indonesia has synchronized the regulation in its national law contained in Article 38 and 39 of Law Number 28 of 2014 concerning Copyright. Constraints in the protection of traditional cultural expressions in Indonesia is mostly due to understanding ownership of traditional cultural expressions in Indonesia more to communal ownership. So, in order to break the cultural barriers, it is necessary to socialize and civilize the Copyright to the community. Inter-national friction over the recognition of ownership of traditional cultural expressions is largely due to the factor of overriding moral rights and the principle of first to use which is inherent in traditional cultural expressions. The importance of establishing regional regulations for the protection of traditional cultural expressions is as a regional policy that protects intellectual property rights in the field of culture. The position of local regulations on the protection of traditional cultural expressions as a regional policy towards the protection of traditional cultural expressions must still refer to the applicable legal framework for intellectual property rights.

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