Mulhimmah, Baiq Ratna (2018) Copyrights protection of indigenous people of indonesia regarding its traditional cultural expression within islamic law (maqasid al syari’ah) perspective. International Journal of Recent Advances in Multidisciplinary Research, 5. pp. 4259-4264. ISSN 2350-0743

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Abstract

ENGLISH Copyrights protection of Indigenous People of Indonesia in the form of Traditional Cultural Expression was not yet perceived to be fair. The state has the obligation to give a comprehensive protection that would protect the rights of indigenous people of Indonesia under the appropriate law. The existence of indigenous people and the copyrights of Traditional Cultural Expression is part of nation’s wealth and identity. This study would focused on how does Islam view this matter through law provision using Maqasid al Syari’ah method in protecting the rights of indigenous people of Indonesia, whereas Islamic law is one of the secondary laws and therefore expected to strongly contribute solution over this matter. Study method was normative with conceptual and case approach to obtain conclusion that protecting Traditional Cultural Expression by using Islamic law with Maqasid al Syari’ah method was an obligation. This was based on the rule of obligation to protect several things such as: life and human rights protection (hifzul nafsi/hifzul ‘irdhi), intellectual property protection (hifzul aqli) and wealth protection (hifzul maal)

Item Type: Article
Uncontrolled Keywords: indigenous people; traditional cultural expression; maqasid al syari’ah
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
Divisions: Fakultas Syariah > Jurusan Hukum Bisnis Islam
Depositing User: Ratna Mulhimmah
Date Deposited: 02 Feb 2021 02:55
Last Modified: 02 Feb 2021 02:55
URI: http://repository.uinmataram.ac.id/id/eprint/211

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