ANALISIS PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL SEBAGAI BENTUK HAK KEKAYAAN INTELEKTUAL DI INDONESIA

This study discusses the protection of Traditional Cultural Expressions (TRE) as a form of Intellectual Property Rights (IPR) in Indonesia. TRE, which includes art, music, dance, and customs, is an important cultural heritage in reflecting the identity and values of a nation, and has great economic potential, especially in the tourism and creative industry sectors. However, in the era of globalization and rapid development of information technology, TRE faces serious threats in the form of exploitation and commercialization by irresponsible parties. This study uses a normative legal approach with a focus on the analysis of legislation, history, and comparisons between countries. The results of the study indicate that legal protection of TRE in Indonesia is still inadequate, especially due to the collective nature and lack of formal documentation of TRE, which makes conventional IPR protection mechanisms difficult to implement. Although Law Number 28 of 2014 concerning Copyright has included protection of TRE, its implementation is still weak and needs to be improved. Therefore, a more comprehensive and specific legal approach is needed to protect EBT, to ensure that this cultural heritage is not only protected from foreign claims, but can also provide fair economic benefits for local communities, the importance of collaboration between the government, indigenous peoples, and other stakeholders in efforts to preserve and protect EBT. and examine the role of local governments in maintaining and protecting traditional culture as the nation's cultural heritage.

Keywords: Traditional Cultural Expressions, Intellectual Property Rights, Legal Protection.