Perlindungan Hak Komunal Masyarakat Adat Bali Terhadap Karya Tari Ekspresi Budaya Tradisionalnya Di Era Globalisasi (Dikaji Berdasarkan Undang-undang Hak Cipta)

Bustani, Simona (2016) Perlindungan Hak Komunal Masyarakat Adat Bali Terhadap Karya Tari Ekspresi Budaya Tradisionalnya Di Era Globalisasi (Dikaji Berdasarkan Undang-undang Hak Cipta). Jurnal Era Hukum, 1 (1). pp. 39-59. ISSN 0854-8242

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Abstract

Indonesia as a member of the WTO shall be adapted copyright law which based on Bern Convention. These conditions resulted in rampant violations of folklore for example The Pendet dance used for the Malaysian tourism advertisement without permission, including actors and dancer's performance right, Law No. 19 2002 on the Copyright not effective to protect communal right. However, the enactment there have been changes to the folklore term into Traditional Cultural Expression, more specifically set forth in Article 38 Law No. 28 of 2014 on the Copyright . How is the protection of copyright of Balinese dance Traditional Cultural Expressions according to Law No. 28 of 2014 on the Copyright in the era of globalization? and How Bali Local Government strategy to protect copyrighted of dance traditional cultural expressions of indigenous peoples of Bali in this era of globalization? This type of research is the type of normative legai research with a descriptive research. Used secondary data were analyzed qualitatively. Inception of the 2014 substantive to Law No. 28 of 2014 on the Copyright not been able to protect Traditional Cultural Expressions of Balinese dance optimally, although it has been regulated in Article 38 to Law No. 28 of 2014 on the Copyright. In addition, the structure is not clear yet, which party will take care of licensing, how M profit sharing for the utilization of Traditional Cultural Expressions Balinese Dance by foreign partie. Furthermore, the legal culture of indigenous Balinese concept contradicts the concept of individual modern society in UUHC 2014. The concept of individual UUHC injured sense of justice of communal people Bali The best strategy which shall be done by local government that is by forming Specifically Local Regulation for protect Traditional Cultural Expression. Beside that, The Local Government shall be build partnership with the Central Government and the Desa Pakraman to The Banjar.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Undergraduate Program in Law
Depositing User: Diona Diona Diona
Date Deposited: 27 Jul 2017 13:44
Last Modified: 27 Jul 2017 13:44
URI: http://libprint.trisakti.ac.id/id/eprint/73

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