ESENSI HUKUM ASPEK PERLINDUNGAN TERHADAP TARI TRADISIONAL ADAT BETAWI SEBAGAI WARISAN BUDAYA BANGSA INDONESIA Indonesia

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Yapiter Marpi

Abstract

ABSTRACT


In practice the legal protection of copyright of traditional dances has not been
implemented optimally, namely the discovery of violations in the form of commercial use
of traditional dances. This study aims to find out about the essence of legal protection for
Betawi traditional dance in the perspective of international law and international dispute
resolution efforts against claims of traditional dance which are part of Indonesian
cultural heritage by other countries. It is known that the form of legal protection of
traditional dance copyrights as an expression of traditional culture has not been in
accordance with the provisions of the 2014 UUHC. Internationally, it is divided into first
Softlaw or soft law, namely legal forms with voluntary binding power, for example, the
1948 Universal Declaration of Human Rights (UDHR) and the International Covenant
on Economic, Social and Cultural Rights (ICESCR) and the United Nations Declaration
on the Rights of Indigenous Peoples. Second, hard law which has binding force and of
course will also have legal sanctions if violated, one example is the Convention for the
Protection of the Intangible Cultural Heritage (Convention for the safeguarding of the
intangible cultural heritage). It is recommended to the DKI Jakarta Regional Office of
the Ministry of Law and Human Rights and the creators or copyright holders of
traditional dances to be more proactive in protecting and preserving traditional dances
in DKI Province and are expected to register these traditional dances with the Regional
Office of the Ministry of Law and Human Rights and register with UNESCO.
Keywords: legal protection, Betawi traditional dance, Indonesian cultural heritage.

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