Protecting Indigenous Artistic Expressions in Indonesia: Reconstructing Collective Intellectual Property Rights for Traditional Art Communities

Abstract

Indigenous and traditional artistic expressions in Indonesia include motifs, crafts, performances, music, visual symbols, and techniques transmitted across generations. These expressions increasingly attract commercial interest from tourism businesses, fashion companies, galleries, and digital platforms. Existing intellectual property mechanisms, however, are primarily designed around identifiable individual creators and fixed periods of protection, creating difficulties for collective and intergenerational cultural expressions. This article examines the adequacy of Indonesian intellectual property law in protecting Indigenous artistic expressions. Using normative juridical research, the study analyzes copyright, traditional cultural expressions, cultural heritage protection, and Indigenous community rights. The article argues that legal protection should recognize communities as collective cultural custodians rather than requiring traditional art to fit conventional individual ownership models. The study proposes a collective protection framework incorporating community consent, attribution, benefit-sharing, restrictions on culturally sensitive uses, and mechanisms for preventing unauthorized commercialization. Particular attention is given to the role of government cultural institutions in documenting traditional art while ensuring that documentation does not facilitate appropriation. Strengthening collective cultural rights would provide Indonesian art communities with greater control over commercial uses of their artistic heritage. Such reform would also contribute to a more equitable relationship between traditional communities, cultural industries, and commercial actors.