Rahayu Rahayu
Faculty of Law, Universitas Diponegoro

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

EMPOWERING CULTURAL COMMUNITIES IN PROTECTING TRADITIONAL EXPRESSIONS: LEGAL CHALLENGES IN THE DIGITAL AGE Kholis Roisah; Rahayu Rahayu; Moh. Asadullah Hasan Al Asy'arie; Elena Mitskaya; Bryan Fayyadh Haq Wahyudi
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.134-156

Abstract

Protecting Traditional Cultural Expressions (TCEs) is essential for safeguarding national identity and the values of communities that inherit and transmit cultural knowledge. This doctrinal study, grounded in comprehensive literature analysis, examines Indonesia’s regulatory framework and the practical challenges of TCEs protection. Research demonstrates that the limited positive influence on cultural holder communities' welfare stems from a noticeable dearth of clear technical policies outlining the institutions and systems for equitable benefit-sharing. The protection afforded to traditional cultural expressions (TCEs) is inherently twofold: it substantiates the importance of cultural diversity, spirituality, and religious practice while also functioning as an essential tool to preclude cultural plagiarism and inappropriate exploitation. The custodial  communities remain essential bearing the primary responsibility for maintaining, revitalizing, and transmitting local knowledge, artistic forms, and ritual practices. Concurrently, the digital era amplifies risks of misuse; specifically, the ease of digitization and rapid dissemination increase vulnerability to unauthorized appropriation and misrepresentation. To confront these risks, a combined approach is required, including positive and defensive measures within intellectual property regimes—such as tailored sui generis protections—alongside complementary policy instruments that emphasize community rights. Indonesia's legislative efforts, including the 2014 Copyright Law and the 2022 Government Regulation on Communal Intellectual Property (KIK), are compromised by major implementation deficits that undermine effective practical enforcement. The core argument here is for clearer, highly specific legal tools and stronger institutional arrangements that actively facilitate benefit-sharing and protect community interests. Ultimately, the study calls for a cohesive strategy that integrates protection with cultural-based economic growth and community empowerment to guarantee sustainable, intergenerational outcomes that preserve heritage while simultaneously lifting local welfare.
Measurable Fishing as An Attempt of Preventing Overfishing Phenomenon in Indonesian Waters Kholis Roisah; Rahayu Rahayu; Peni Susetyorini; Arnanda Yusliwidaka; Saidatul Nadia Abd Aziz
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.2054

Abstract

This research focuses on analyzing the effectiveness of the provision about the measurable fishing as specified in the Government Regulation Number 11 of 2023 as an attempt of preventing overfishing and maintaining the sustainability of biodiversity in Indonesian waters and sea territory. This study is a normative research with statute approach. The data used was secondary one consisting of primary legal, secondary legal, and non-legal materials. Overfishing phenomenon is a serious problem endangering ocean resource and environment. Some countries have reported the overfishing problems damaging the sea ecosystem. Indonesia is one of countries predictably encountering overfishing phenomenon, particularly in northern Java water territory. The indicators of overfishing phenomenon are smaller size of fish and fewer fish caught requiring the fishermen to go farther to catch fish. The fact of overfishing leads to a policy about zone-based measurable fishing and catching quota. This policy can cease overfishing phenomenon because it can control and monitor fish catch, and thereby makes resource and environment better in water or sea territory. Considering the conclusion of research, the concept of measurable fishing formulated by Indonesia is based on zone and quota. Zone base prioritize equal share for the fishermen, promotes economic growth, and determines the capacity of catch allowed for a certain species, while quota base focuses on the limitation of fish catching level based on the potency of fish caught that can control the fishing rate according to the fish resource.