ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Article in Press

Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta

Valerian Dandy Pradana (Sultan Ageng Tirtayasa University)
Inge Dwisvimiar (Sultan Ageng Tirtayasa University)
Rully Syahrul Mucharom (Sultan Ageng Tirtayasa University)



Article Info

Publish Date
22 Aug 2026

Abstract

Baduy Luar Woven Fabric is a cultural work of the indigenous Baduy community that possesses economic value while representing local identity and traditional knowledge. In practice, the use and production of Baduy Luar Woven Fabric by external parties for commercial purposes may still occur without permission from the Baduy Traditional Institution, raising concerns regarding copyright protection and the interests of the indigenous community as the owner of the cultural work. This research employs an empirical normative method using statutory and empirical approaches. Primary data were obtained through interviews with the Head of the Baduy Luar Traditional Institution, local weavers, and members of the Baduy Luar community, while secondary data were collected through literature studies of relevant laws and regulations, books, journals, and legal literature. The data were analyzed qualitatively by relating legal provisions to empirical findings. The findings indicate that the protection of Baduy Luar Woven Fabric motifs is based on Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. The Suat Samata Adu Mancung and Suat Songket motifs have been recorded with the Directorate General of Intellectual Property. However, the protection has not been fully effective because unauthorized commercial use remains a potential concern. The Baduy Traditional Institution prioritizes warnings, deliberation, mediation, and licensing, while litigation may be pursued when persuasive mechanisms fail. Strengthening supervision, legal awareness, and written agreements for commercial use is necessary to improve legal certainty and the effectiveness of copyright protection.

Copyrights © 2026






Journal Info

Abbrev

ALADALAH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora is published by Islamic Sharia College Nurul Qarnain, Jember, East Java, Indonesia. The journal publishes articles of interest to education practitioners, teachers, education policy makers, and researchers. This journal encompasses research ...