Jurnal Al-Dustur
Vol 9 No 2 (2026): DECEMBER

TOWARDS CRIMINAL LAW REFORM PROTECTING COMMUNAL RIGHTS OF ASMAT CARVINGS IN INDONESIA

Andi Suhidin (Faculty of Law, Universitas Hasanuddin, Makassar, Indonesia)
Hasbir Paserangi (Faculty of Law, Universitas Hasanuddin, Makassar, Indonesia)
Andi Tenri Famauri Rifai (Faculty of Law, Universitas Hasanuddin, Makassar, Indonesia)
Saharuddin S (Faculty of Law, Ichsan University of Gorontalo, Gorontalo, Indonesia)
Estalia Rona Ratu Roy (Postgraduate Student of Social Science Ankara Univesity)



Article Info

Publish Date
07 Sep 2026

Abstract

This study examines the reform of criminal law protection of Asmat carvings as a form of traditional cultural expression and communal rights of the Asmat indigenous people in South Papua. The main problem lies in the ineffectiveness of the modern Intellectual Property Rights system based on individual ownership in protecting communal cultural heritage such as Asmat carvings that have spiritual, social, historical, and symbolic value. Various violations still occur, such as imitation of carving motifs, mass reproduction, commercial exploitation without permission, and registration of copyrights or industrial designs by outsiders without fair sharing of benefits for indigenous peoples. This study aims to analyze the legal protection of the Asmat carvings and formulate a criminal law reform model that is more responsive to the communal rights of indigenous peoples. The method used is normative legal research with a legislative approach, a conceptual approach, and a case approach supported by literature studies. The results of the study show that although the constitution, the Copyright Law, and the Law on the Advancement of Culture have provided normative recognition of communal rights, criminal law has not expressly accommodated communal ownership as an object of legal protection. The absence of special criminal offenses, difficulties in the evidentiary mechanism, weak institutional capacity, and lack of optimal integration between customary law and criminal law are the main obstacles, criminal law reform is needed through the recognition of indigenous peoples as legal subjects, the formulation of special criminal acts against the exploitation of traditional culture, the application of the principle of Free Prior Informed Consent (FPIC), and the integration of customary law in national law enforcement.

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Journal Info

Abbrev

aldustur

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have ...