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Mohamad Rapik
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jambelawjournal@unja.ac.id
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Fakultas Hukum Universitas Jambi Jl. Raya Jambi-Ma.Bulian, KM.15, Desa Mendalo Indah, Kecamatan Jambi Luar Kota
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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : https://doi.org/10.22437/40hknt39
Core Subject : Social,
Jambe Law Journal (JLJ) an international open-access journal published by the Faculty of Law, Universitas Jambi, Indonesia. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning Indonesian laws and or legal system. The Journal centres its focus and scope on the critical domain of Environmental Law and Natural Resources Law (such as Biodiversity Conservation, Environmental Impact Assessment (EIA), Land Use and Spatial Planning, Climate Change Law, Environmental Justice and Social Equity, etc). In addition, the journal also covers issues related to legal studies in any perspectives, covering but not limited to criminal law, civil law, constitutional law, administrative law, international law, Islamic law. The journal particularly encourages submissions that employ diverse analytical perspectives, such as sociological, anthropological, criminological, victimological, feminist legal theory, philosophical, or Islamic perspectives, to enrich legal discourse and promote a deeper understanding of law within its social, cultural, moral, or religious contexts.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 121 Documents
Beyond TRIPS: Reconstructing Communal Intellectual Property Law in Indonesia through Human Rights and Criminal Enforcement Annas, Gilang Kresnanda; Baskoro, Aji; Witro, Doli; Izzuddin, Washif
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mnyp9w52

Abstract

This article examines the structural vulnerabilities in the legal protection of Communal Intellectual Property in Indonesia, focusing on ownership claims, misappropriation, and the limited effectiveness of enforcement mechanisms. While existing scholarship has primarily addressed CIP through intellectual property and human rights perspectives, limited attention has been given to the intersection of doctrinal inconsistencies, weak enforcement, and the absence of criminal law mechanisms. This study employs a doctrinal legal research methodology, integrating statutory, conceptual, historical, and comparative approaches, supported by qualitative analysis. The findings identify three interrelated challenges. First, Indonesia’s CIP regime, influenced by the TRIPS framework, reflects an individualistic and economically oriented paradigm that is incompatible with the collective and intergenerational nature of indigenous knowledge. Second, a persistent doctrinal tension positions the state as the formal rights-holder, thereby weakening the legal standing and autonomy of indigenous communities. Third, the absence of explicit criminal provisions addressing misappropriation, biopiracy, and unauthorized commercialization creates a significant enforcement gap that undermines deterrence and enables continued exploitation. This article argues that violations of CIP should be reconceptualized not merely as economic infringements but as violations of cultural rights and human dignity. It further highlights the lack of criminal accountability as a critical weakness in the current legal framework. By incorporating recent developments in Indonesian criminal law, including the recognition of living law and corporate criminal liability, this study proposes a reconstruction of the CIP regime through a sui generis approach that integrates human rights principles with criminal enforcement to strengthen protection and ensure equitable benefit-sharing

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