Normatif Luridical Analysis Of The Problem Of Misuse Of Traditional Motives Cultural Motives And Alternative Solutions From The Perspective Of Intellectual Property Legal Protection

Abstract

Traditional cultural motifs are part of a nation’s cultural heritage that reflect historical values, philosophical meanings, and communal identity. However, the development of modern industry has led to the misuse of traditional cultural motifs for commercial purposes without permission or consent from indigenous communities as the collective rights holders. This situation results in legal problems because the protection of traditional cultural expressions has not been fully accommodated within the current intellectual property law framework in Indonesia. This study aims to analyze the legal issues concerning the misuse of traditional cultural motifs, evaluate the ineffectiveness of the existing regulatory mechanisms, and formulate alternative solutions from the perspective of intellectual property law. The research applies a normative juridical method, using an approach that examines legislation, legal doctrines, and relevant academic literature. The results indicate that the misuse of traditional cultural motifs persists due to the absence of automatic protection, weaknesses in law enforcement mechanisms, low awareness among industry actors, and the limited recognition of indigenous communities’ collective cultural rights. The recommended solutions include: the establishment of a national database of traditional cultural expressions, strengthening regulations on collective cultural rights, imposing requirements of communal consent before commercial use, increasing legal sanctions, and promoting collaboration among the government, indigenous communities, and industry stakeholders. This study is expected to provide both theoretical and practical contributions toward enhancing the legal protection of traditional cultural motifs, preserving national cultural heritage, and ensuring fair benefitsharing for indigenous communities as rightful cultural owners.