Jurnal Ilmiah Hukum LEGALITY
Vol. 34 No. 2 (2026): September

Traditional Medicine Innovation Policy: Between the Protection of Traditional Knowledge, Genetic Resources, and Intellectual Property

Kholis Roisah (Faculty of Law, Universitas Diponegoro, Indonesia)
Moh. Asadullah Hasan Al Asy'arie (Faculty of Law, Universitas Diponegoro, Indonesia)
Rahayu Rahayu (Faculty of Law, Universitas Diponegoro, Indonesia)
Shofiy Zulfah (Faculty of Law, Universitas Diponegoro, Indonesia)



Article Info

Publish Date
08 Jun 2026

Abstract

This study analyses how innovation in traditional medicine can be strengthened through the convergence of policies on traditional knowledge protection, genetic resources governance, and intellectual property rights to support national independence in drug availability. Using a qualitative normative design, this research examines statutory regulations, international instruments, and institutional practices relevant to traditional medicine, biogenetic conservation, and intellectual property management. The methodological approach includes doctrinal legal analysis, conceptual analysis, and policy evaluation to map regulatory overlaps, gaps, and strategic opportunities for integration. The study finds that Indonesia possesses vast biodiversity and rich traditional medicinal knowledge that remain underutilised in pharmaceutical innovation. Regulatory frameworks governing traditional knowledge, genetic resource access, and intellectual property work in parallel but lack harmony, resulting in problems related to standardisation, benefit-sharing, research authorisation, and commercialisation. Findings also indicate that strengthening scientific validation, through standardised extraction, preclinical and clinical testing, and quality assurance, significantly increases the potential of traditional medicines to advance into standardised herbal medicines and phytopharmaceuticals. The study concludes that policy convergence is essential to ensure equitable protection of traditional knowledge, sustainable use of genetic resources, and effective commercialisation of research outputs. An integrated framework is required to support national drug independence, enhance bioeconomic value creation, and promote fair benefit distribution for indigenous and local communities.

Copyrights © 2026






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...