As a member of the WTO-TRIMs Agreement basically Indonesia has stipulated the NationalTreatment Principle to the legal provisions relating to investment activities. However, theIndonesian investment Law (Law No. 25 of 2007) still remains that the regulation of NationalTreatment with regard to national interests. In order to the difficulties may exist in domesticlevel such as the social, economic as well as values may be different in some member countries,the WTO-TRIMs provide exceptions for the member with notify mandatory requirement tothe Board of TRIMs. Relating to investment activities other International standards alsorelevant to study is the GCG principles developed by the OECD. Although Indonesia is notOECD member countries, the GCG principles adopted in various Indonesian laws relatedto investment activities doe to it relevant and harmony to the economic, social as well ascommunity values in order to develop capital investment.
This study aims to elaborate on the policies regarding the protection of TCEs related to creative economy businesses in the tourism sector, and the implementation of these policies in Bali. The study uses a socio-legal research method by using statutes, conceptual, economic, and technological approaches. The study indicated that TCEs are transformed across generations in custodian communities that are not sacred can be categorized as open TCEs and can be developed to support tourism creative economy businesses. Meanwhile, the type of TCEs that are sacred can only be used by the community carrying them for sacred purposes, categorized as closed TCEs. The policies at the international, national, and local levels related to open TCEs have regulated access for it to be developed for creative economy businesses including the tourism sector as well as protection of benefit sharing for the community. Meanwhile, the Indonesia Copyright Law and Provisions on Communal Intellectual Property Data have not accommodated benefit sharing. In Bali, policy related to sacred TCE can be observed through the 2019 Joint Decree on the Strengthening and Protection of Balinese Sacred Dances that prohibits Balinese Sacred Dances from being performed outside of sacred purposes. The implementation of an inventory of the protection of TCEs in Bali has been carried out by the Office of the Ministry of Law and Human Rights of Bali Province in collaboration with the Regional Government in Bali including university, although has not been maximized due to the large variety of cultural expressions in the community.
In order to strengthen the protection of Balinese traditional cultural expressions based on inventory at the National Data Center for Communal Intellectual Property, this study aims to investigate the arrangements of communal intellectual property protection in international flora and in Indonesia as well as the significant role of cooperation between the government and academician. This study employs analytical, conceptual, and normative legal research methods with statutes. The study's findings demonstrate that one kind of communal intellectual property is traditional cultural expressions. According to WIPO/GRTKF/IC/40/19, traditional cultural expressions are used to produce inventive and creative goods, and their protection can benefit both users and custodians while maintaining a balance between 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 registration 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.
This study aims to explain the Collective Management Organization's function in copyright protection, particularly with regard to the collection of royalties from an Indonesian legal standpoint, and to investigate its function with regard to dance works that are used for commercial purposes in digital media in the tourism industry. This study combines statutory and conceptual techniques with normative legal research. According to the study's findings, the Collective Management Organization's role has historically been more heavily centered on obtaining royalties for musical and lyrical works as compensation for the creators' exclusive rights. In Indonesia, Articles 87 to 93 of Law No. 28 of 2014 on Copyright regulate the existence of a Collective Management Organization. The Government Regulation No. 56 of 2021 on Management of Song and/or Music Copyright Royalties, which expressly governs the collecting of royalty fees for music and songs, is explicitly covered by Article 89 of Law No. 28 of 2014 on Copyright. In fact, Article 88 (2) (c) of Law No. 28 of 2014 on Copyright and Article 3 (c) of Minister of Law and Human Rights Regulation No. 36 of 2018 on Procedures for Application and Issuance of Operational Permits and Evaluation of Collective Management Organizations allow Collective Management Organizations to play roles in other copyright works, such as dances, in addition to music and songs. Dances may also be commercially exploited via digital technology without the Authors' or other relevant rights holders' consent. Therefore, it is important to establish a specific Collective Management Organization for dance and other performing arts, considering that the existing Collective Management Organizations only focus on music and songs.
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