Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Urgency of Protection of Communal Rights of the Community of Yogyakarta Central Java on the Copyright of the Traditional Architecture Works Reviewed Under Law Number 28 of 2014 Regarding Copyright

Author(s): Christine S.T Kansil, Abdul Gani Abdullah, Simona Bustani

Protection of communal rights to traditional architectural work is important in the era of globalization. Traditional architectural work is part of the creative economy. However, the regime of copyright law has not been able to protect such matter. Traditional architecture, which is a communal right of the Yogyakarta indigenous people in the Central Java Region, has not been fully protected in the copyright law. This reasearch is a normative research which is using secondary data and primary data, such as legislation and cultural approach, to be analyzed qualitatively. Protection of traditional architecture is protected in Article 38 of Law No. 28 of 2014 about Copyright. However, the protection is inadequate. The government should have made a separate regulation that protects Joglo's architectural work with a sui generis system with three protections, namely positive protection, defensive protection and causic protection.

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