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PERLINDUNGAN HUKUM PASCA PENCATATAN KARYA SENI SEBAGAI HAK KEKAYAAN INTELEKTUAL KOMUNAL (STUDI PADA KARYA SENI TARI SORENG DI MAGELANG)
Amid the development of the digital age, the protection of Communal Intellectual Property (CIP) has become increasingly important due to the rising risk of commercial misuse and unilateral claims. The Copyright Law, the Cultural Promotion Law, and the Government Regulation on CIP which serve as the legal foundation for its implementation still face challenges, primarily due to the communal nature of culture and the public’s low legal awareness. Tari Soreng, a traditional art form from Magelang Regency that has been registered as CIP, serves as a concrete example of the need for sustainable and effective legal protection. In light of these issues, to examine the factors influencing the effectiveness of implementation regarding the traditional cultural expression of the Soreng Dance, the central research question in this study is: how effective is the implementation of legal protection following the registration of the Soreng Dance as a Communal Intellectual Property Right (KIK), and what are the government’s and the public’s efforts to prevent commercial misuse in the digital space. This study employs a field research methodology with a descriptive-analytical research design. It utilizes an empirical-juridical approach a type of legal research method by examining the actual conditions occurring in society and identifying facts related to the research problem. Data sources were collected through interviews with artists from the Magelang Regency Dance Studio, the Magelang Regency Education and Culture Office, and the Yogyakarta Regional Office of Intellectual Property. This study also obtained secondary data through literature from books, journals, undergraduate theses, and master’s theses. The research findings indicate that: First, legal protection following the registration of the Soreng Dance as a Communal Intellectual Property (CIP) has not been effectively implemented. This is due to a gap between normative aspects and empirical implementation in the field. Field evidence indicates that although the Soreng Dance has been registered as CIP, it has not been able to prevent claims from the Boyolali region. Second, government and community efforts to safeguard the sustainability of the Soreng Dance as CIP against commercial misuse in the digital space have not yet fully ensured its optimal sustainability and existence. Various challenges, such as low legal literacy among artists, limited oversight mechanisms in the digital space, differing perspectives regarding the communal nature of the art form, declining interest among the younger generation, and a lack of long term policy support, are the primary factors hindering such protection. Therefore, more concrete steps are needed to provide more effective legal protection for the Soreng Dance.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERLINDUNGAN HUKUM PASCA PENCATATAN KARYA SENI SEBAGAI HAK KEKAYAAN INTELEKTUAL KOMUNAL (STUDI PADA KARYA SENI TARI SORENG DI MAGELANG) (Text)
PERLINDUNGAN HUKUM PASCA PENCATATAN KARYA SENI SEBAGAI HAK KEKAYAAN INTELEKTUAL KOMUNAL (STUDI PADA KARYA SENI TARI SORENG DI MAGELANG) (Other)
HTML Summary of #77372 PERLINDUNGAN HUKUM PASCA PENCATATAN KARYA SENI SEBAGAI HAK KEKAYAAN INTELEKTUAL KOMUNAL (STUDI PADA KARYA SENI TARI SORENG DI MAGELANG)
346.04 HAKI, Undang-undang Hak Cipta, Copy Right