Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes

This study examines the legal protection of traditional cultural expressions (TCEs) of North Sulawesi communities, which are frequently exploited without authorization for commercial purposes. Such exploitation raises significant legal issues, particularly concerning intellectual property rights violations and the neglect of the collective rights of Indigenous communities. The objective of this research is to analyze the existing legal framework for protecting TCEs and to propose a more adaptive and equitable model of legal protection. This is a normative legal study employing statute, conceptual, and case approaches. Data were analyzed qualitatively and descriptively through literature review and legal document analysis. The novelty of this research lies in its proposed community-based legal protection model that integrates customary law principles with national legislation and international cultural rights standards. The findings reveal that the current legal protections are fragmented and do not yet provide optimal safeguards for Indigenous TCEs. The study recommends the development of a more comprehensive legislative framework, the strengthening of local government roles, and the establishment of protection mechanisms based on the active participation of Indigenous communities

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2025-06-30
DOI
https://doi.org/10.31941/pj.v24i2.6675
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes

Betsy Anggreni Kapugu, Merry Elisabeth Kalalo, Deizen Rompas
Pena Justisia Media Komunikasi dan Kajian Hukum
Indonesian Legal and Regulatory Studies
article

Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes

Betsy Anggreni Kapugu, Merry Elisabeth Kalalo, Deizen Rompas
article en

Abstract

This study examines the legal protection of traditional cultural expressions (TCEs) of North Sulawesi communities, which are frequently exploited without authorization for commercial purposes. Such exploitation raises significant legal issues, particularly concerning intellectual property rights violations and the neglect of the collective rights of Indigenous communities. The objective of this research is to analyze the existing legal framework for protecting TCEs and to propose a more adaptive and equitable model of legal protection. This is a normative legal study employing statute, conceptual, and case approaches. Data were analyzed qualitatively and descriptively through literature review and legal document analysis. The novelty of this research lies in its proposed community-based legal protection model that integrates customary law principles with national legislation and international cultural rights standards. The findings reveal that the current legal protections are fragmented and do not yet provide optimal safeguards for Indigenous TCEs. The study recommends the development of a more comprehensive legislative framework, the strengthening of local government roles, and the establishment of protection mechanisms based on the active participation of Indigenous communities

Pena Justisia Media Komunikasi dan Kajian HukumVol. 24(1)
Sam Ratulangi University (ID)
Openalex Percentile: Top 66%
Indonesian Legal and Regulatory Studies
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Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes — Betsy Anggreni Kapugu, Merry Elisabeth Kalalo, et al. · Pena Justisia Media Komunikasi dan Kajian Hukum (2025) | TGRS Research Map | TGRS