Mulhimmah, Baiq Ratna (2022) Effectiveness of islamic law in protecting the copyright of indigenous peoples of Indonesia in the form of traditional knowledge & traditional cultural expressions. Jurnal IUS Kajian Hukum dan Keadilan, 10 (3). pp. 581-594. ISSN P ISSN 2303-3827 E ISSN 2477-815X

	Text (Artikel Jurnal) Effectiveness of Islamic Law.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (267kB)
	Text (Cek Plagiasi) Effectiveness of Islamic Law (1).pdf - Supplemental Material Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (3MB)

Abstract

ENGLISH Copyright Protection of Indonesian Indigenous Peoples in the form of Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) currently does not meet the sense of justice. The state is obliged to provide comprehensive protections capable of guarding the rights of Indigenous peoples under an adequate legal umbrella. Because the existence of Indigenous peoples, along with copyrights in the form of TK & TCE is part of the wealth and identity of the nation, this research focuses on how the view of Islamic law (Legal Opinion of Indonesian Ulama Council No.1 of 2003 concerning Copyright and Legal Opinion Of Indonesian Ulama Council No.1 of 2005 concerning Intelectual Property Right) with the maqasid al Shari’ah approach in protecting the rights of indigenous peoples. Islamic law is one of the secondary legal materials in determining state law and is expected to strengthen in providing solutions to this problem. The research method is normative with a concept and case approach to conclude that Islamic law (legal Opinion Of Indonesian Ulama Council) with the Maqasid al Shari’ah approach in protecting Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) is a must. This is based on an obligation order covering several matters, including; the protection of life and hifzul nafsi/hifzul ‘irdhi, protection of reason (hifzul aqli), and protection of property (hifzul maal).

Item Type:	Article
Uncontrolled Keywords:	indigenous peoples; traditional knowledge & traditional cultural expressions; islamic law (legal opinion of indonesian ulama council)
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society
Divisions:	Fakultas Syariah > Jurusan Ilmu Hukum
Depositing User:	mrs Nuraeni S.IPi
Date Deposited:	06 Mar 2023 07:27
Last Modified:	07 Mar 2023 02:23
URI:	http://repository.uinmataram.ac.id/id/eprint/2424

Actions (login required)

View Item