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All Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Rully Syahrul Mucharom
Sultan Ageng Tirtayasa University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta Valerian Dandy Pradana; Inge Dwisvimiar; Rully Syahrul Mucharom
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/ftm3t728

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.
Co-Authors Inge Dwisvimiar Valerian Dandy Pradana