International Journal of Social Service and Research
Vol. 6 No. 5 (2026): International Journal of Social Service and Research

Benefit-Sharing from The Utilization of Genetic Resources As an Inclusive, Equitable, and Sustainable Form of Protection For Communal Intellectual Property

Ibrahim Ibrahim (Universitas Borobudur, Indonesia)
Rineke Sara (Universitas Borobudur, Indonesia)



Article Info

Publish Date
30 May 2026

Abstract

Genetic resources hold strategic value for science and industry, and their utilization is often linked to the traditional knowledge of indigenous communities. Indonesian law recognizes Communal Intellectual Property Rights through Law No. 11 of 2013, which ratifies the Nagoya Protocol and emphasizes fair benefit-sharing from the utilization of genetic resources, as well as Government Regulation No. 56 of 2022 on Communal Intellectual Property. However, in practice, the economic utilization of biodiversity has not yet been fully accompanied by fair profit-sharing mechanisms for local communities. This study aims to analyze the legal provisions regarding communal intellectual property rights over genetic resources within the Indonesian legal system and to examine profit-sharing mechanisms for the utilization of genetic resources in order to achieve inclusive, equitable, and sustainable protection for indigenous peoples and local communities. The research method employed is a normative legal approach, using both statutory and conceptual approaches. The findings indicate that mechanisms for sharing benefits derived from the utilization of genetic resources are key instruments for ensuring justice for local communities and supporting the sustainable management of biodiversity. However, regulations regarding this matter remain scattered across various laws and have not comprehensively addressed benefit-sharing mechanisms. Therefore, it is necessary to adopt the principles contained in the Nagoya Protocol, which emphasizes fair and equitable benefit-sharing in agreements with indigenous communities as the rightful holders of genetic resources and associated traditional knowledge

Copyrights © 2026






Journal Info

Abbrev

ijssr

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Social Service and Research is a double-blind, peer-reviewed academic journal with open access to social and scientific fields. The journal is published monthly by Ridwan Institute. International Journal of Social Service and Research provides a means for sustained ...