Legal Protection of Traditional Cultural Expression as a Regional Asset in Yogyakarta

Abstract

Cultural protection in Yogyakarta is very important due to its various cultures as well as source of local income, especially in culture-based tourism sector which becomes a leading sector in Yogyakarta. However ownership of these cultures has potency to be utilized and claimed without legitimate rights by other countries. Intellectual Property Rights (IPR) in Indonesia regulates traditional culture in the Act No. 28 Year 2014 on Copyright Traditional culture is stipulated in Chapter V about Traditional Cultural Expressions and Protected Creations, especially Article 38. Against the Expression of Traditional Culture, the State has obligation to maintain and to manage traditional culture as stated in Article 38, paragraph (2). The existence of the state obligation against all forms of Traditional Cultural Expression as stipulated in the Act on Copyright Number 28 Year 2014 has been mentioned explicitly. Daerah Istimewa Yogyakarta, which has tangible and intangible cultural diversity as well as considered as tourist destination, shall make efforts to protect the culture. Of course, this protection is not similar with the concept of Copyright or IPR in general, that is based on individual and pragmatical concept. However cultural protection should pay more attention to the concepts of communal society and collectivity in terms of ownership.

Exploring the path of integration of rural tourism culture and food industry in the context of big data

“…The literature [17] suggests that rural tourism development can drive more people to join rural entrepreneurship. The literature [18] argues that preserving local traditional culture is very important for Indonesian tourism city people because the diversity of people characteristic of regional culture is the basis of local tourism, and tourism is the main industry for local people to work. The literature [19] studies the antagonistic and conflicting relationship between the preservation of cultural landscapes and rural tourism development from the perspective of sustainable development.…”