Tinjauan Juridis Perlindungan Inkonsistensi Pengetahuan Tradisional dalam Konsep Hak Kekayaan Intelektual (HAKI)

Abstract

Abstrak

Traditional Knowledge (TK) became a new problem in developing countries including Indonesia. This is caused due to rampant missapropriation from "foreign parties" without giving benefits to the community owner. There are no legal regulation to the protect of TK, accommodated in the Act No. 19 Year 2002 concerning Copyrights, only accomodated folklore. WIPO as an international institution that handles Intellectual Property Rights (IPR) does not provide clear guidelines for the members, this is because of differences interests between the developed countries and developing countries. The problem is how the legal protection of TK according of national legislation?, how the role of local communities as the owner of TK and its relation to IPR?, and how the government efforts in providing protection of TK?.

 Responding to these problems we use the method of normative juridical approach, deskriptic analytical research. Types of data include primary and secondary. Collecting data through library research and field documentation. Research sites in 3 (three) agencies: the Ministry of Justice and Human Rights, Ministry of Research and Technology, and The Agency For the Assessment and Application Technology, the data obtained were analyzed qualitatively.

The results show that Indonesia as a rich country in natural resources and culture, requiring the settings according to its characteristics. If the setting of TK remains in the concept of IPR, TK will be difficult to protect because some of inconsistencies. The IPR concept can’t protect TK, since it only protect the personal law and economics, while TK is communal and owned for generations. The role of local communities has not yet emerged because people don’t realize if the TK has high potential economic value, and vulnerable from missapropriation. The public has limited knowledge of the cultural heritage that is sustainable if giving the benefit to others. The Goverment need to endorse potential and initiation of indigenous people through creative and innovative activities. Government efforts: 1. Legislation; 2. Documentation; 3. support the activities of national/international.

Key word: inconsistencies  Traditional Knowledge, Concepts IPR