Commercializing Balinese Traditional Art: Cultural Ownership and Benefit-Sharing Rights of Local Artisans

Abstract

Traditional Balinese art has become an important component of Indonesia's cultural tourism economy, generating commercial value through handicrafts, performances, visual arts, and cultural products. However, the economic benefits generated by traditional artistic expressions are not always distributed equitably among the communities and individual artists who preserve them. This article examines the justice implications of commercializing Balinese traditional art, focusing on cultural ownership and benefit-sharing. Using normative juridical research, the study analyzes cultural heritage protection, intellectual property law, tourism regulation, and community rights. The article argues that conventional intellectual property frameworks may inadequately protect collective and intergenerational artistic traditions because ownership is often difficult to attribute to individual creators. The study proposes a community-centered framework requiring recognition of cultural custodianship, informed consent for commercial use, attribution, and equitable benefit-sharing. Particular attention is given to the relationship between tourism businesses, cultural institutions, and local artisans. Commercialization should not transform cultural heritage into an unrestricted commercial resource while leaving cultural communities with limited control over its use. Strengthening legal mechanisms for collective cultural rights would enable Balinese traditional art to contribute to economic development while protecting the dignity, autonomy, and cultural interests of the communities that sustain it.