The issue of the importance of legal protection for Traditional Cultural Expressions (TCEs) in Indonesia has begun to become a concern since the claims for the Reog Ponorogo and Pendet dances were widely published as part of Malaysia's tourism campaign. Using a normative legal approach, this paper aims to examine the legal protection of TCEs in Indonesia based on several important regulations ranging from Law Number 28 the year 2014 on Copyright, Law Number 5 the year 2017 on the Advancement of Culture, and Government Regulation Number 56 / 2022 on Communal Intellectual Property, some observations concerning the implementation of TCEs management in Indonesia is also addressed. The result shows that First; TCEs-based regulations in Indonesia are the emphasizing of state's authority. Second, the preservation, protection, and productive utilization require government action and community participation. Third, Sui generis regulation developed from plurality and the core concepts of communality around TCEs perceived to be more adaptive for the dynamic society that keeps growing and fosters the growth of culture and cultural expressions. Fourth, inventory of TCEs is the important initial step of protection as the implementation of defensive mechanism protection and to prevent the misappropriation of TCEs, ensure disclosure of origin and proper attribution of benefit sharing to the custodian and provide the participative opportunity for the custodian in the preservation, protection and productive utilization of the TCEs. Lastly, in terms of implementation, the government needs to empower the cultural human resources, cultural organization, and cultural institutions.

Authors:
Ranti Fauza Mayana, Padjadjaran University, Indonesia
Tisni Santika, Pasundan University, Indonesia

About the Presenter(s)
Ms Tisni Santika is a University Assistant Professor/Lecturer at Pasundan University in Indonesia

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