Safeguarding Intellectual Property in the Post-Cultural Advancement Law Era in Indonesia: Preserving Traditional Knowledge

Abstract

Traditional Knowledge, as a product of the interplay between ecological, social, and cultural factors, embodies the insights acquired by communities in understanding the demands of nature. Embedded in intellectual activities shaped by a nation’s thoughts, ideas, and creations, Traditional Knowledge necessitates legal protection and certainty of ownership by the state due to its significant value, categorizing it as a national asset. This protection is often sought through laws like the Cultural Advancement Law, primarily designed to uphold the nation’s interests. This research aims to analyze the role of the Cultural Advancement Law in safeguarding Traditional Knowledge in Indonesia and identify the challenges faced by this legal framework in providing protection. Employing a normative approach through a literature review, the study reveals the pivotal role of the Cultural Advancement Law in developing, utilizing, advancing, preserving, and safeguarding Traditional Knowledge. However, its enforcement faces obstacles due to the ongoing debate surrounding the impact of traditional Knowledge on the economy and society.