Enhancing Protection for Balinese Traditional Cultural Expression: A Government and Academician Cooperation Approaches Desak Putu Dewi Kasih, Ni Ketut Supasti Dharmawan, Anak Agung Istri Ari Atu Dewi, I Gusti Ngurah Parikesit Widiatedja, Anak Agung Dwira Hadi Santosa, Putu Aras Samsithawrati
Faculty of Law, Universitas Udayana, Denpasar, Bali
Abstract
This study aims to elaborate on the important role of cooperation between the government and the academician in order to strengthen the protection of Balinese Traditional Cultural Expressions based on inventory and registration at the National Data Center for Communal Intellectual Property. This study uses empirical legal research with a socio-legal-research approach. The results of the study show that Traditional Cultural Expressions are one of Communal Intellectual Property. From an international perspective, WIPO/GRTKF/IC/40/19 emphasizes that the use of Traditional Cultural Expressions that contributes to creating creative and innovative products, and their protection can provide benefits for both users and custodians, as well as a balance of rights and obligations. Meanwhile from the national context, in Indonesia, Traditional Cultural Expressions are protected under Article 38 of Law No. 28 of 2014 on Copyrights where the state is considered the copyright holder. Traditional Cultural Expressions works have the potential to be developed as creative products in tourism activities. Therefore, inventory activity as an obligation of the government must be implemented by the government followed by a recording process to strengthen the protection of such Traditional Cultural Expressions. Inventory activity is significant to be implemented, primarily to protect Communal Intellectual Property ownership and prevent its use by parties outside the custodian who use it for commercial purposes without asking for permission. Strengthening the protection, and improving the inventory activity as well as its recording mechanisms are relevant to be implemented through intensive collaboration between the government and the academician
Keywords: Protection of Traditional Cultural Expressions, Government Obligations, Commercial used, Cooperation Between Government and Academician
