Norhayati Norhayati
Institut Agama Islam Darul Ulum Kandangan

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Protecting Sasirangan Motifs in Hulu Sungai Selatan: Ḥaqq al-Milkiyyah, Bourdieu's Cultural Capital, and Sustainable Islamic Business Nadia Sa'adah; Norhayati Norhayati; Annisa Ariani; Norfitria Norfitria; Hamdiah Hamdiah; Siti Nuraida
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.4602

Abstract

The commercialization of Sasirangan cloth from Hulu Sungai Selatan (HSS) Regency has been followed by machine-printed products that copy its motifs and sell for far less than hand-made cloth. This article asks three questions: how Indonesian law allocates rights over Sasirangan motifs, how Islamic economic law characterizes those rights and the act of copying them, and which mechanism can turn the cultural value of the motifs into a fair economic return for the artisans who carry the tradition. It is normative-conceptual legal research using statutory and conceptual approaches. The legal materials comprise Law No. 28 of 2014 on Copyright, Government Regulation No. 56 of 2022 on Communal Intellectual Property, the MUI fatwa on intellectual property rights, the resolution of the International Islamic Fiqh Academy on intangible rights, DSN-MUI fatwas, and fiqh literature, analysed through takyīf fiqhī (legal characterization) and Bourdieu's theory of capital. The analysis shows that Sasirangan motifs fall into two legal categories that require different treatment: inherited motifs, which are communal and held by the State as custodian, and new motifs, which belong to identifiable artisans as ḥaqq al-ibtikār with moral and economic dimensions. Copying a new motif without permission is akl amwāl al-nās bi al-bāṭil and obliges compensation measured by the fair license fee (ujrat al-mithl), whereas selling printed cloth as hand-made Sasirangan is a form of ghishsh against buyers. The proposed model links each problem to a fiqh principle, a Bourdieusian mechanism of institutionalization, a legal instrument, and a responsible actor, with ijārah-based licensing as the main channel for converting cultural capital into just economic benefit.