Cultural Appropriation and Indonesian Traditional Art: Legal Protection for Local Communities in the Global Creative Industry
DOI:
https://doi.org/10.65815/d1v5dq71Keywords:
Cultural appropriation, traditional art, Indigenous communities, intellectual property, cultural justiceAbstract
The globalization of the creative industry has increased the circulation of Indonesian traditional artistic motifs, designs, performances, and cultural symbols across international markets. While global exposure may create opportunities for Indonesian artists and communities, commercial use by external actors can also occur without attribution, consent, or equitable benefit-sharing. This article examines cultural appropriation of Indonesian traditional art from the perspective of cultural and economic justice. Using normative juridical research, the study analyzes intellectual property law, traditional cultural expressions, cultural heritage protection, and community rights. The article argues that existing legal mechanisms may provide insufficient protection when traditional artistic expressions are collectively owned, historically transmitted, and culturally significant. The study proposes a multi-layered protection model combining intellectual property, cultural heritage law, community protocols, geographical indications, and benefit-sharing mechanisms. Particular attention is given to commercial uses that reproduce traditional motifs while disconnecting them from their cultural origins or generating economic benefits exclusively for external companies. The article argues that cultural justice requires recognition of both the moral and economic interests of communities maintaining traditional art. Strengthening legal protection would enable Indonesian cultural communities to participate more fairly in the global creative economy while preserving their authority over culturally significant artistic expressions.
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