Indonesia’s Traditional Knowledge Documentation in Intellectual Property Rights’ Perspective

Abstract

Indonesia is a fertile place for traditional knowledge with more than 300 ethnical group inhabitants. Therefore, it is not surprising to know that Indonesia has the enormous potential of tradi-tional knowledge. However, Indonesia is still has some problems in legal framework to protect it. The research applies doctrinal research method. The problems that will be discussed in this article is what type of traditional knowledge documentation system that used in Indonesia and how it is performed in order to protect traditional knowledge. There are few goals from this research which are to find out about Indonesia's traditional knowledge documentation system and to compare it with other countries that also use documentation as the protection method. As a result, traditional knowledge documenta-tion system used in Indonesia is external registries which are done by parties outside the indigenous communities (Government, Academist, and NGO) and the information about traditional knowledge is placed in public domain. Even though it has not perfectly documented like India's Traditional Knowl-edge Digital Library, Indonesia has documented few of its traditional knowledge such as Songket pat-tern that belongs to South Sumatera. It could be summarized that traditional knowledge documenta-tion has a vital role as one of the most practical methods to perform traditional knowledge protection. In order to protect traditional knowledge, these documented activities need to be enhanced so it could give the financial benefit to indigenous communities as its owner.

The Exploitation of Indigenous Communities by Commercial Actors: Traditional Knowledge and Traditional Cultural Expression

“…Additionally, they consider that the protection of traditional knowledge is not necessary because it has become public domain, and the modernization process of local and traditional societies is considered to be adequate compensation for the utilization of IPR (Palar et al, 2018). On the other hand, according to developing states, traditional knowledge and traditional cultural expression as part of IPR must be protected, without discrimination, as TRIP protects seven types Kasih, D. of IPR oriented to the interests of developed states (Kurnilasari et al, 2018). Developing states also see that, in practice, the traditional knowledge they have had so far has been exploited commercially by the developed states without being accompanied by proper remuneration for their side (Sadeghi et al, 2018).…”

“…Consequently, there is a need to make a regulation that explicitly regulates traditional knowledge (Bangun, 2019) (Lubis & Siahaan, 2016). Instead of providing benefits for Indonesia, the laws and regulations related to such IPR are considered more favorable to developed states' positions (Kurnilasari et al, 2018). In this regard, the need to establish national regulations on the protection of traditional knowledge is urgent.…”

The Reality of the Application of Intellectual Property Legislation on Digital Information Resources at the Libraries of Public Universities in Jordan (Dissertation)

“…Kurnilasari, D. T., Yahanan, A., & Rahim, R. A. [5] (2018) research applies the method of jurisprudential research. The problems that discussed in this article are the type of traditional knowledge documentation system used in Indonesia and how it is implemented in order to protect traditional knowledge.…”

Learning of Local Wisdom About Food Security in Rural Primary School: Identification of Materials and Learning Strategies

“…As a cultural heritage, because of this, local wisdom needs to be preserved and preserved. Kurnilasari, Yahanan, and Rahim (2018) revealed that exploring and preserving various elements of local wisdom, local traditions and institutions, including beneficial norms and customs can function effectively in building the nation's character. The value of local wisdom is very important to be taught to students in schools, namely to foster a love of local wisdom and can build student character.…”