Implementation of Traditional Knowledge Protection of Enbal Processing
), Sabri Fataruba(3)
(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Implementation and regulations governing the protection of traditional knowledge is still considered less effective. The law is expected to be able to overcome various problems that arise related to the protection of traditional knowledge from the community, especially the Kei Islands community on enbal processing knowledge.
Purposes of the Research: The purpose of this study was to determine and analyze the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community.
Methods of the Research: The research method used is juridical empirical.
Results of the Research: The results obtained are the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community has actually been regulated in Article 38 of the Copyright Act. However, this protection can be provided if the community continues to maintain traditional processing without the help of modern tools when processing enbal into staple foods.Keywords
DOI
10.47268/ballrev.v5i1.1846
Published
2024-03-31
How To Cite
@article{BALLREV1846,
author = {Theresia Narwadan and Muchtar Labetubun and Sabri Fataruba},
title = {Implementation of Traditional Knowledge Protection of Enbal Processing},
journal = {Batulis Civil Law Review},
volume = {5},
number = {1},
year = {2024},
keywords = {Legal Protection; Traditional Knowledge; Copyright Act.},
abstract = {Introduction: Implementation and regulations governing the protection of traditional knowledge is still considered less effective. The law is expected to be able to overcome various problems that arise related to the protection of traditional knowledge from the community, especially the Kei Islands community on enbal processing knowledge.Purposes of the Research: The purpose of this study was to determine and analyze the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community.Methods of the Research: The research method used is juridical empirical.Results of the Research: The results obtained are the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community has actually been regulated in Article 38 of the Copyright Act. However, this protection can be provided if the community continues to maintain traditional processing without the help of modern tools when processing enbal into staple foods.},
issn = {2746-8151}, pages = {17--23} doi = {10.47268/ballrev.v5i1.1846},
url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1846}
}
Journal Article
Atsar, Abdul. “Hukum Terhadap Ekspresi Budaya Tradisional Untuk Meningkatkan Kesejahteraan Masyarakat Ditinjau Dari Undang-Undang Nomor 5 Tahun 2017 Tentang Pemajuan Kebudayaan Dan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta.” Law Reform 13, no. 2 (2017): 284–99. https://doi.org/10.14710/lr.v13i2.16162.
Ilyasa, Raden Muhammad Arvy. “Perlindungan Hukum Atas Pengetahuan Tradisional Indonesia Terhadap Praktek Biopiracy Dalam Rezim Hak Kekayaan Intelektual.” Gema Keadilan 7, no. 3 (2020): 170–94. https://doi.org/10.14710/gk.2020.9544.
Perangin-angin, Reh Bungana Beru, Ramsul Nababan, and Parlaungan G Siahaan. “Perlindungan Pengetahuan Tradisional Sebagai Hak Konstitusional Di Indonesia.” Jurnal Konstitusi 17, no. 1 (n.d.): 178–96. https://doi.org/10.31078/jk1718.
Prasada, Erisa Ardika. “Perlindungan Hukum Terhadap Pengetahuan Tradisional Di Indonesia.” Jurnal Kepastian Hukum Dan Keadilan 4, no. 1 (2022): 45–54. https://doi.org/10.32502/khk.v4i1.4488.
Sunaryo, Euis. “Perlindungan Hak Kekayaan Intelektual Terhadap Perbatikan (Tinjauan Terhadap Batik Yogyakarta Dan Solo).” JIPRO: Journal of Intellectual Property 12, no. 2 (2019): 1. https://journal.uii.ac.id/JIPRO/article/view/12697a.
Book
Rushing, Francis W, and Carole Ganz Brown. Intellectual Property Rights in Science, Technology, and Economic Performance: International Comparisons. New York: Routledge Taylor & Francis Group, 2018.
Syaifuddin, Muhammad. Hukum Perlindungan Rekayasa Genetika Relasi Moral, Hak Kekayaan Intelektual, Dan Perlindungan Varietas Tanaman Dan Paten Di Indonesia. Malang: Setara Press, 2017.
: 280 times
Download : 170 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Implementation of Traditional Knowledge Protection of Enbal Processing |
| 2. | Creator | Author's name, affiliation, country | Theresia Nolda Agnes Narwadan; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Muchtar Anshary Hamid Labetubun; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Sabri Fataruba; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Legal Protection; Traditional Knowledge; Copyright Act. |
| 4. | Description | Abstract | Introduction: Implementation and regulations governing the protection of traditional knowledge is still considered less effective. The law is expected to be able to overcome various problems that arise related to the protection of traditional knowledge from the community, especially the Kei Islands community on enbal processing knowledge.Purposes of the Research: The purpose of this study was to determine and analyze the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community.Methods of the Research: The research method used is juridical empirical.Results of the Research: The results obtained are the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community has actually been regulated in Article 38 of the Copyright Act. However, this protection can be provided if the community continues to maintain traditional processing without the help of modern tools when processing enbal into staple foods. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2024-03-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1846 |
| 10. | Identifier | Digital Object Identifier | 10.47268/ballrev.v5i1.1846 |
| 11. | Source | Title; vol., no. (year) | Batulis Civil Law Review; Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : Batulis Civil Law Review Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
|
Copyright (c) 2024 Theresia Nolda Agnes Narwadan, Muchtar Anshary Hamid Labetubun, Sabri Fataruba
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Email this article 
