Mulhimmah, Baiq Ratna (2018) Legal pluralism and traditional cultural expression comprehensive copyright protection for indigenous people in Indonesia. International Journal of Recent Advances in Multidisciplinary Research, 5 (12). pp. 4357-4362. ISSN 2350-0743

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Abstract

ENGLISH Copyright of Traditional Cultural Expression that belong to indigenous people is the reflection of diversity in traditional wealth also showed the identity of Indonesian people. The occurrence of missapropriation by foreign people, it might be due to inappropriate protection by the state as the central protector. The state in its regulation was transplanting more values of Western law thus the valid legal system was no longer appropriate with the character of Indonesian people. In this condition, other legal involvement through legal pluralism would be necessary, given that Indonesia acknowledges the existence of society law and religious law (Islamic law) as the law prevails in the society. This study is a normative study with legal pluralism concept approach, thus infers that the correct protection by the state toward copyright of indigenous people over Traditional Cultural expression was by integrating the existing legal values which reflected through society law and religious law into the national law to form a national law in accordance with the character of Indonesian people.

Item Type: Article
Uncontrolled Keywords: indigenous people; copyright of traditional cultural expression; legal pluralism
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: 05 Feb 2021 02:31
Last Modified: 05 Feb 2021 02:31
URI: http://repository.uinmataram.ac.id/id/eprint/243

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