URGENCY OF SUI GENERIS PROTECTION FOR INDONESIA’S COMMUNAL INTELLECTUAL PROPERTY: STICK WITH DEFENSIVE, SHIFT TO POSITIVE, OR HYBRID APPROACH?

Abstract

Intellectual property involves exclusive rights granted to creators, categorized as non-communal and communal. Indonesia, rich in cultural diversity, possesses significant communal assets, offering vast potential if properly utilized. However, inadequate legal protection and overlapping regulations have left the country vulnerable to theft and piracy, as evident in cases such as Malaysia's claims on Wayang, Pendet, and Reog Ponorogo, and Singapore's unauthorized performance of I La Galigo. The study conducts a comprehensive analysis of Indonesia's legal framework, focusing on PP KIK and its defensive strategies. It also explores the necessity of implementing a sui generis regulation through doctrinal research and comparative analysis with leading countries like India, the Philippines, and Peru. The comparison underscores the limitations of relying solely on defensive data collection, emphasizing the need for a comprehensive strategy. This article provides tailored recommendations for Indonesia to develop its sui generis approach.