ARBITER: Jurnal Ilmiah Magister Hukum
Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei

Perlindungan Hukum Jamu Tradisional sebagai Kekayaan Intelektual Komunal di Indonesia

Deswat, Yoga (Unknown)
Marina, Liza (Unknown)



Article Info

Publish Date
29 Apr 2026

Abstract

Traditional herbal medicine (jamu) represents a form of traditional cultural expression (TCE) and communal intellectual property (CIP) passed down through generations, carrying cultural, health, and economic significance. However, Indonesia’s current legal system does not provide adequate protection for jamu as a collective cultural product, as it remains based on individual intellectual property models. This research aims to analyze weaknesses in national regulations, assess the relevance of international instruments such as the Convention on Biological Diversity, the Nagoya Protocol, and UNESCO 2003, and propose a regulatory reconstruction model that is more comprehensive and contextual. The method used is normative juridical with statutory, conceptual, and comparative approaches. Findings show the urgency for a specific law to regulate legal protection of TCEs and CIP, along with the integration of international principles like prior informed consent and benefit sharing into national law. Therefore, the protection of jamu as intangible cultural heritage can be more just, sustainable, and community-centered.

Copyrights © 2026






Journal Info

Abbrev

arbiter

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ARBITER: Jurnal Ilmiah Magister Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of ...