EXISTENCE AND FORMULATION OF REGIONAL LAWS ON INTELLECTUAL PROPERTY PROTECTION OF TRADITIONAL COMMUNITY IN INDONESIA

Abstract

At present, misuse of intellectual property of traditional communities in Indonesia is so massive and continues until now. So, the need for legal protection under regional laws to safeguarding and preservation for it should be determined. Unfortunately, Laws No.28 of 2014 on Copyright and Law No. 23 of 2014 on Regional Government, traditional communal traditional wealth is no longer the concurrent authority of regional government. The aim of this study is to track back histories of regional laws in the past and to search a regional laws formulation to construct the protection of the intellectual property of regional communities that can be carried out by the local government. Method for this research based on a juridical-normative approach. To answer the issue of existence laws used legal history and statute approach. In search to formulate regional regulations concerning protection of intellectual property of traditional communities used synchronization of law, based on Law No. 12 of 2011 on the Formulation of Law and Regulations 

Keywords: protection, regulation, intellectual, community, traditional