Syura: Journal of Law
Vol. 4 No. 2 (2026)

Regulatory Models for IP Protection of Crafts and Folk Art: Insights from Indonesia and Vietnam

Agustianto Agustianto (Universitas Internasional Batam)
Intan Triana Putri (Universitas Internasional Batam)
Hari Sutra Disemadi (Universitas Internasional Batam)
Dwi Fidhayanti (UIN Maulana Malik Ibrahim)
Ratih Anggraini (Universitas Internasional Batam)



Article Info

Publish Date
04 Sep 2026

Abstract

The cultural uniqueness of each country is a key driver of tourism development, including through the strengthening of creative cities within the UNESCO Creative Cities Network (UCCN). Indonesia and Vietnam are closely linked in this regard, as both have member cities in the Crafts and Folk Art category. However, the regulatory frameworks for the protection of crafts and folk art in the two countries differ in their structure and degree of normative clarity. This study aims to analyse the similarities and differences in the regulation of copyright, related rights, and geographical indications in Indonesia and Vietnam using Gustav Radbruch’s theory of legal certainty, and to formulate directions for strengthening Indonesia’s legal framework through the responsive law theory of Philippe Nonet and Philip Selznick. This research employs a normative legal method with statute and comparative approaches, relying on library research analysed qualitatively and descriptively. The study finds that although Indonesia and Vietnam both provide legal bases for IP protection of crafts and folk art, Vietnam offers a higher level of certainty regarding protected objects and clearer norms by integrating copyright, related rights, and geographical indications within a single Vietnam IP Law framework, whereas Indonesia’s provisions remain fragmented across several regimes and therefore require further harmonisation. The study also underscores the significance of a responsive law approach, operationalised through the regulatory design delivery inspection model, to connect IP protection, UCCN status, and sustainable creative tourism in Indonesia, so that legal protection becomes not merely formal but genuinely strengthens cultural authenticity and ensures fair economic benefits for cultural bearer communities.

Copyrights © 2026






Journal Info

Abbrev

syura

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to ...