Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta

Baduy Luar Woven Fabric is a cultural work of the indigenous Baduy community that possesses economic value while representing local identity and traditional knowledge. In practice, the use and production of Baduy Luar Woven Fabric by external parties for commercial purposes may still occur without permission from the Baduy Traditional Institution, raising concerns regarding copyright protection and the interests of the indigenous community as the owner of the cultural work. This research employs an empirical normative method using statutory and empirical approaches. Primary data were obtained through interviews with the Head of the Baduy Luar Traditional Institution, local weavers, and members of the Baduy Luar community, while secondary data were collected through literature studies of relevant laws and regulations, books, journals, and legal literature. The data were analyzed qualitatively by relating legal provisions to empirical findings. The findings indicate that the protection of Baduy Luar Woven Fabric motifs is based on Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. The Suat Samata Adu Mancung and Suat Songket motifs have been recorded with the Directorate General of Intellectual Property. However, the protection has not been fully effective because unauthorized commercial use remains a potential concern. The Baduy Traditional Institution prioritizes warnings, deliberation, mediation, and licensing, while litigation may be pursued when persuasive mechanisms fail. Strengthening supervision, legal awareness, and written agreements for commercial use is necessary to improve legal certainty and the effectiveness of copyright protection.

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Publication Details

Journal
ALADALAH Jurnal Politik Sosial Hukum dan Humaniora
Published
2026-10-28
DOI
https://doi.org/10.59246/ftm3t728
Primary Topic
Intellectual Property Law
Type
article
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article

Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta

Inge Dwisvimiar, Rully Syahrul Mucharom, Valerian Dandy Pradana
1 links
ALADALAH Jurnal Politik Sosial Hukum dan Humaniora
Intellectual Property Law
article

Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta

Inge Dwisvimiar, Rully Syahrul Mucharom, Valerian Dandy Pradana
article en

Abstract

Baduy Luar Woven Fabric is a cultural work of the indigenous Baduy community that possesses economic value while representing local identity and traditional knowledge. In practice, the use and production of Baduy Luar Woven Fabric by external parties for commercial purposes may still occur without permission from the Baduy Traditional Institution, raising concerns regarding copyright protection and the interests of the indigenous community as the owner of the cultural work. This research employs an empirical normative method using statutory and empirical approaches. Primary data were obtained through interviews with the Head of the Baduy Luar Traditional Institution, local weavers, and members of the Baduy Luar community, while secondary data were collected through literature studies of relevant laws and regulations, books, journals, and legal literature. The data were analyzed qualitatively by relating legal provisions to empirical findings. The findings indicate that the protection of Baduy Luar Woven Fabric motifs is based on Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. The Suat Samata Adu Mancung and Suat Songket motifs have been recorded with the Directorate General of Intellectual Property. However, the protection has not been fully effective because unauthorized commercial use remains a potential concern. The Baduy Traditional Institution prioritizes warnings, deliberation, mediation, and licensing, while litigation may be pursued when persuasive mechanisms fail. Strengthening supervision, legal awareness, and written agreements for commercial use is necessary to improve legal certainty and the effectiveness of copyright protection.

ALADALAH Jurnal Politik Sosial Hukum dan Humaniora
Peace, justice, and strong institutions
Openalex Percentile: Top 19%
Intellectual Property Law
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Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta — Inge Dwisvimiar, Rully Syahrul Mucharom, et al. · ALADALAH Jurnal Politik Sosial Hukum dan Humaniora (2026) | TGRS Research Map | TGRS