Illuminating the future by safeguarding and protecting intangible cultural heritage in Indonesia

Abstract

The primary aim of this study is to examine the safeguarding and protection of intangible cultural heritage in the Indonesian context. Safeguarding and protecting intangible cultural heritage, which includes preservation and legal protection, is analysed from the perspectives of intellectual property-specific and non-intellectual property-specific legal frameworks. It focuses on Indonesian legislation and government policies concerned with intangible cultural heritage.

This study includes an examination of whether national interest can serve as a basis for intellectual property legislation to better safeguard and protect intangible cultural heritage in Indonesia. It examines the issue of whether the current driving force for the development of Indonesia’s intellectual property regime relating to intangible cultural heritage has primarily been internally derived from its cultural principles and national interests. It also explores the potential dichotomy between legal principles of intellectual property and intangible cultural heritage protection and the principles of the State ideology in the creation and application of the Indonesia’s legislation.

Accordingly, the study addresses the nationally contentious issue of the harmonisation of intellectual property-related intangible cultural heritage legislation, regionally within the context of membership of the Association of South East Asian Nations and internationally within the context of Indonesia’s membership of the United Nations Educational, Scientific and Cultural Organization, the World Intellectual Property Organization and the World Trade Organization.

The study argues that, although Indonesia has ratified international treaties and enacted relevant legislation, the safeguarding and protection of intangible cultural heritage remains inadequate. This is due to limited legal infrastructure, negative government politics and inadequate awareness of the value of intangible cultural heritage. These factors have led to an unsuccessful implementation of laws regarding intangible cultural heritage.

Date of Award	Nov 2019
Original language	English
Supervisor	David Price (Supervisor), Danial Kelly (Supervisor) & Bambang Kesowo (Supervisor)