Kajian Ilmiah Hukum dan Kenegaraan
Vol 4 No 2 (2025): Desember

Copyright Certification of Son Horek Works in East Java: Social Impact and Legal Implications

Rahayu Sri Utami (Universitas Maarif Hasyim Latif Sidoarjo, Jawa Timur, Indonesia)
Moch. Gufron Fajar Rezki (Universitas Maarif Hasyim Latif Sidoarjo, Jawa Timur, Indonesia)



Article Info

Publish Date
24 Feb 2026

Abstract

Purpose: This study examines the legal approval of copyright over Son Horek, a traditional cultural expression originating from indigenous communities in East Java, and analyzes its socio-cultural and legal implications. The research focuses on how the transformation of Son Horek into a commercial product has triggered ownership claims that marginalize indigenous communities as the original collective custodians. Methodology/Approach: This study adopts a juridical-normative and sociological approach. It analyzes Indonesian Copyright Law No. 28 of 2014 and examines its application to traditional cultural works. The research also incorporates socio-legal perspectives to assess the impact of copyright recognition on indigenous communities and their cultural practices. Results/Findings: An imbalance exists between individual legal rights and collective indigenous rights, causing unfair recognition, cultural distortion, and the risk of criminalization. Conclusions: The study reveals a mismatch between individual-based copyright law and the collective nature of Son Horek, thereby marginalizing indigenous communities. Limitations: This study is normative and socio-legal in nature and does not include empirical field surveys or quantitative measurements. Future studies may strengthen the analysis through ethnographic research and participatory methods involving indigenous stakeholders. Contributions: This study contributes to legal and cultural scholarship by offering a critical perspective on the protection of traditional cultural expressions. It emphasizes the need for an inclusive, contextual, and justice-oriented legal framework that integrates the principle of interlegality and strengthens the role of customary institutions in recognizing collective cultural rights.

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Journal Info

Abbrev

kihan

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Kajian Ilmiah Hukum dan Kenegaraan (KIHAN) is a peer-reviewed journal that publishes quality papers in the fields of law and state. KIHAN aims to become a credible source related to law studies and mediates academicians, researchers, and practioners in dissemination their findings and ideas to solve ...