The urgency of registering communal intellectual property as a preventive effort against foreign claims to local culture
Jejen Hendar, Neni Sri Imaniyati, Weishaguna, Ahmad Faizal Adha, Reni Trimelawati, Dikha Anugrah

Law Faculty, Universitas Islam Bandung

Abstract

Indonesia is a country with an abundance of cultural wealth in the form of traditional cultural expressions, traditional knowledge and genetic resources. However, the suboptimal registration of communal intellectual property (KIK) has created an opportunity for foreign parties to claim local culture as their own. This has resulted in losses relating to national identity, the economy, and cultural sovereignty. This article aims to highlight the importance of KIK registration in preventing cultural appropriation by foreign parties. This normative legal research uses statutory and conceptual approaches and qualitative analysis of primary and secondary legal materials. The results reveal that, despite having a legal framework related to KIK, Indonesia^s implementation remains weak, particularly with regard to data collection, socialisation, and the facilitation of state-led registration. KIK registration provides formal legal protection and plays a strategic role in maintaining national cultural sovereignty amid the dynamics of globalisation and free trade. Therefore, synergy between central and local governments, and indigenous communities is needed to accelerate the registration and legal protection of communal cultural property. This article recommends the following concrete strategies to prevent cultural claims by foreign parties: strengthening technical regulations- establishing a national inventory system- and increasing indigenous peoples legal awareness as concrete strategies to prevent cultural claims by foreign parties.

Keywords: Local culture, communal intellectual property- foreign claims- registration and legal protection

Topic: Law and Ethics in Terms of Islamic Perspective