International Legal Resolution of the Recognition Dispute over the Intellectual Property Rights of the 'Reog Cultural Dance' by Malaysia

Abstract

This research aims to describe theoretical and practical views regarding legal protection of intellectual property rights, especially in terms of traditional Indonesian culture. This research uses a qualitative writing method using a normative juridical approach. This research also touches on the juridical aspects of the case. This research was made in descriptive form with data collection techniques obtained through methods library research or what is known as library study techniques and techniques for analyzing legal materials using descriptive, evaluative, argumentative, and prescriptive techniques. The rise in cases of cultural claims made by other countries certainly provides a certain interpretation of the weak aspects of legal protection for intellectual property rights, especially in cultural matters. This can be seen, for example, in the case of Malaysia's claim to the Reog Ponorogo cultural dance, which should be viewed from a historical-sociological aspect as an original cultural heritage from the Ponorogo area, East Java. Such cases are not uncommon and often give rise to prolonged disputes which of course have implications for the diplomatic relations that exist between the two countries. Reviewing the provisions of Article 38 of Law Number 28 of 2014 concerning Copyright, it is explained that traditional cultural expressions whose creators are not known for certain have intellectual property rights protected by the state. On this basis, a special systematic system is needed to resolve the dispute. In this regard, efforts related to the process of resolving intellectual property rights disputes in the international domain cannot be separated from the legal politics that occur both in the realm of national political life and in the realm of international politics.