Model of Protection and Development of Aceh's Traditional Cultural Expressions Facing the Industrial Revolution 4.0
Sri Walny Rahayu
Associate Professor at Faculty of Law Syiah Kuala University,
Jln Putroe Phang Number 1 Darussalam, Banda Aceh, Aceh Province, Indonesia [email protected]
Abstract
The purpose of this paper is to look for, explain the model of protection and development of Traditional Cultural Expressions (EBT) in the era of the industrial revolution 4.0, explain the authority and role of the Aceh regional government, preserve and promote EBT and explain the obstacles and challenges in preserving Aceh's EBT in the national context and global. The reason for writing is that customary life is one of the characteristics of Aceh Province which is regulated by law. Traditional Aceh ceremonies such as peusijuek, samadiyah, meugang, tulak bala, peutron aneuk, khanduri blang, khanduri laot, are EBT's hereditary part of Acehnese society which are inherited and protected by Law No. 28 of 2014 concerning Copyright. In practice, the rules regarding EBT in Indonesia are inadequate in the face of advances in information technology in the industrial revolution era 4.0. Various critical points such as changes in mindset and values that live and develop in Acehnese society have ups and downs. The structure and legal system that must be capable and professional, acceptable and competitive in the future, as well as the roles, strategies that must be developed and owned by the Province of Aceh as a Special Region and special autonomy in protecting EBT at national and international levels, becomes an urgent problem must be prepared at this time. This paper uses a type of sociological juridical research, which observes the reactions and interactions that occur when the norm system works in the community, and what lies behind the actual implementation of various laws and regulations relating to EBT protection in Aceh, so that the Model of EBT protection can be found. in the face of the industrial revolution 4.0. This approach is used sociologically and qualitatively. The data that has been collected is processed using descriptive analysis methods then presented in a qualitative form.
Key words: Protection Model, Aceh's Traditional Cultural Expressions, Industrial Revolution 4.0
Protection Model and Development of Aceh’s in Traditional Cultural Expression
Facing the Industrial Revolution 4.0
International Conference on Property Rights and Innovation Management (ICIPR -2019)
This paper to explains about :
• Protection Model And Development of
Traditional Cultural Expressions (TCE) in The Era of Industrial Revolution 4.0.
• The Authority and Role of The Aceh Regional Government, Preserve and Promote TCE
• The Obstacles and Challenges in Preserving
Aceh’s TCE in The National and Global Context.
Background of Study
• Customary life is one of the characteristics of Aceh Province which is regulated by law.
• Traditional Cultural Expressions (TCE) among others: Tradisional Aceh’s song, Traditional
Aceh ceremonies such as peusijuek, samadiyah, meugang, tulak bala, peutron aneuk, khanduri blang, khanduri laot, are TCE hereditary part of Acehnese society which are inherited and
protected by Law No. 28 of 2014 concerning
Copyright.
Continued..
• Infact, the rules regarding TCE in Indonesia are inadequate in facing of advanced information technology in the industrial revolution era 4.0.
• Various critical points such as changes in mindset and
values that live and develop in Acehnese society are up and down.
• The structure and legal system that must be capable and
professional, acceptable and competitive in the future, as well as the roles, strategies that must be developed and owned by the Province of Aceh which has Special Region and special autonomy in protecting TCE at national and international levels, becomes an urgent problem that must be settled now.
Basis for the Protection of Traditional Cultural Expressions
• Article 18B (1), Article 18 B (2), Article 28 I of the 1945 Constitution
• Article 499 jo Article 503 of Civil Code
• Law Number 44 of 1999 ---- one of the special features of Aceh is the administration of government in customary relations
• Article 38, 39, Article 40 letters O and Q and Article 59 of Law Number 28 Year 2014 concerning Copyright
• Law Number 5 of 2017 concerning the Advancement of Culture
• Legal Draft of TCE Bill
Problem Facts
• Aceh has a variety of unique traditional cultural expressions, which are inseparable from Islamic elements
• It is important to note that the customs of Aceh have also been heavily influenced by Hindu cultural styles.
• Historically, before Islam entered, Aceh was a haven for international shipping traffic. India, which has a majority of Hindus, is a country that has close relations with Aceh, resulting in many cultural
exchanges between communities.
• Since the entry of Islam into the earth of the Veranda of Mecca, the customs and culture of the people of Aceh, including traditional ceremonies, have been adjusted with Islamic values.
Peusijuk is ...
• The ceremony prayed for those who would be peusijuk to be given safety, peace and happiness in life. Peusijuk is done when someone occupies a new home, perform pilgrimage, married, intended to express gratitude of other things that are more or less related to expressions of gratitude.
• The procedure for performing peusijuek is done in the following order: firstly by sprinkling rice (breuh padee) , secondly by
sprinkling fresh flour water, thirdly by sticking sticky rice (bu leukat) in the right ear and finally by giving money
(teumutuek) .
• The procedure for peusijuk is almost similar to the ritual prayer in Hinduism
Samadiyah…
Samadiyah is a tradition of joint prayer for people who have recently died.
Samadiyah is carried out for seven consecutive
nights after the departing of the deceased The first night Samadiyah is usually performed at Meunasah (mosque / mushala / surau) after the Maghrib prayer in congregation.
The third night of Samadiyah was held at the funeral home. The guests come to bring souvenirs in their grade for left over family experts. Before praying, guests are treated to dinner together.
The seventh night of samadiyah is usually more crowded than the other nights, relatives and
neighbors come to the funeral home carrying rice,
sugar, coffee etc. then pray together.
Meugang
Meugang is the most interesting tradition for you meat lovers.
Meugang tradition , cooked meat will be enjoyed with family and relatives and
distributed to orphans. This tradition takes
place before Ramadan, Eid al-Fitr and Eid
al-Adha.
Tulak Bala
The tradition in Acehnese society to reject disaster is called the tulak bala ceremony .
Usually done on the last Wednesday, in the month of Safar and located in
certain places, such as beaches or river banks or oceans.
In this ceremony the public prays and
zikir to avoid disaster.
Peutron Aneuk
•
Held to welcome the birth of a baby. There are differences in the timing of the peutron aneuk
ceremony . Some people carry out this ceremony on the 7th day after birth, some people carry out this ceremony on the 44th day after birth and some people do it after the baby is more than one year old.
• The procession of this event involves a lot of
symbolic rituals, one of which is the part where a piece of cloth is stretched over the baby's head, a coconut and then split on the cloth. Coconut which has been split will be given to both parents as a
symbol and also the hope of continued harmony on
both sides.
IPR & CREATIVITY
• IPR is the result of human creativity
• Need to be rewarded and incentives
• Protection of creativity and macro innovation
• IPR is related to the Creative Economy
• IPR is a part of global issue.
IPR Concept
• IPR authority, power to do something (Law
& authority according to law)
• Intellectual property that is characteristic that belongs to people
• Intellectual property arises from the ability
of human thought if (human intellectual) in
the form of work in the fields of technology,
science, art and literature
Declarative – Berne Convention 1886
DUA MODEL BENTUK PELINDUNGAN HKI
1. No need to submit an application 2. Exclusive rights granted after
announcement
3. Universal Exclusive Right
Constitutive -Paris Convention
1. Need to submit an application 2. Granted after received date.
3. Territorial Exclusive right.
Copyright
Arts, Literature & Science
RELATED RIGHTS
(Performers, Phonogram Producers, Institutions
Broadcasting)
Industrial property rights are
Patents, Trademarks & IG, Industrial Design, Integrated Circuit Layout Design, Trade Secrets (may not be registered because what is protected is the secret of product processes and information)
Differences Copyrigts And Industrial Property Rights
IPR BRANCH
Intellectual Property Rights (IPR)
COPYRIGHT Law NO.28 Th. 2014 (Copyright and related right,
IP, Arts, Literature
INTELLECTUAL INDUSTRIAL RIGHT
TRADE SECRET LAW NO. 30
YEAR 2000
PATENT LAW NO. 13
OF 2016
BRAND AND GEOGRAPHIC
INDICATIONS LAW NO. 20 OF 2016
INDUSTRIAL DESIGN LAW N0. 31 OF
2000
INTEGRATED LAYOUT CIRCUIT LAW No. 32
OF 2000
Settling of cheating competition practices
Legalizing of TCE in Copyright Law Year 2014
• CHAPTER V EXPRESSION OF TRADITIONAL CULTURE AND CREATED PROTECTION
• Article 38 of Copyright Law
• In the case of TCE and Copyright of a Work whose Author is Unknown, then:
• Copyright on TCE is held by the State.
• The state must inventory, maintain and maintain TCE
• The use of TCE must pay attention to the values that live in the developing community.
• Further provisions regarding Copyright held by the State for TCE are regulated by Government Regulation.
• (so far there is no Government Regulation on TCE)
"Traditional Cultural Expressions" Include One or a Combination of Forms of Expression as ...
• verbal textual, both oral and written, in the form of prose and poetry, in various themes and content of messages, which can be in the form of literary works or informative narratives;
• music, including but not limited to, vocal, instrumental, or a combination thereof;
• motion, including among other things, dance;
• theater, including among others, wayang performances and folk plays;
• fine arts, both in two-dimensional and three-
dimensional forms made from various materials such as leather, wood, bamboo, metal, stone, ceramics, paper, textiles, etc. or their combinations; and
• traditional ceremonies.
The Values of Life in the Development Society are ...
•Customs,
•customary law norms,
•habitual norms,
•social norms, and;
•other noble norms which are upheld by
the community of origin, who maintain,
develop, and preserve TCE.
Duration of Protection of TCE-Article 59 of COPYRIGHT 2014
• translation, adaptation, arrangement,
transformation or modification of traditional cultural expressions;
• compilation of traditional cultural expressions as long as they are original works,
• valid for 50 (fifty) years from the first announcement.
• Copyright Protection for a Work in the form of
applied art works is valid for 25 (twenty-five) years
from the time the Announcement is first made.
LEGAL DRAFT OF LIMITED COMPANY AND TCE
•Traditional Cultural Expressions are all forms of expression, both material (immaterial) and
immaterial (intangible), or a combination of both which indicates the existence of a traditional culture and
knowledge, which is hereditary .
Obligations of Central Government and Regional Government in TCE
•Central Government and Regional Governments are responsible for
encouraging the Utilization of Traditional Knowledge and Traditional Cultural
Expressions as a source of creative
economy with the main objective for the
welfare of members of its Development
Society (custodian).
CONCLUSION
1. Commercial use without permission of the owner of the TCE must pay attention to the values that live in the developing community. In the normative level, the regulation of TCE has been regulated in the 2014 UUHC and the Cultural Promotion Law and there is a bill on TCE. This means that the political will of the Indonesian state has prepared regulations relating to TCE. However, the implementation level requires an integrated effort from various elements related to the promotion of traditional songs that are part of the cultural
expression of a society.
2. COPYRIGHT 2014 states that the registration is facultative in accordance with the 1886 Bern Convention which provides automatic protection of copyright . The purpose of recording copyright (traditional songs) is to facilitate the government in controlling the administration of ownership and payment of taxes.
Recommendation
• Protection of TCE is an urgent matter protected by the State of Indonesia in facing the
challenges of the Global Era
• The role of the Aceh Regional Government in terms of TCE, encourages the Utilization of Traditional Knowledge and Traditional Cultural Expressions as a source of creative economy.
• The Role of Higher Education as a center of
invention and innovation, Development of
theories and principles of IPR protection,
Protecting IPR results of research through
Registration, IPR Agreement, IPR Regulation
Socialization and Education which includes TCE
socialization which currently has a bill.
THANK YOU
QUESTIONS & ANSWERS
~g . ~
"•.~ - - -"'.";.._. ,.
.. ..,..,..__._._. . .,,,,~
----
SATHYABAMA
INSTITUTE OF SCIENCE AND TECHNOWGY (DEEMED TO BE UNIVERSITY)
Accredited with "A" grade by NAAC
www.sathyabama.ac.ln
SCHOOL OF LAW
CERTIFICATE
ICIPK2019
e ! 11
International Conference on Intellectual Property Rights and Innovation Management
This is to certify that Dr./M,;/Ma. $1tL¥11ai,----~,..Auo1 i at,
P.11.~,r
of
_ f ~ --.o\r--
L■111r-¥-l<uol.o.
U¥bL~-,--- _____ .,Ld.P-.&\,"lo. ---Served as Resource Person/ Chair Person/ Participated/ Pres'l':zted a Paper titled
-~--P~.1&..-- ~daJ. __ a.J __ ..n1.velcrw,e
M~ --11\-- At.U.\A-___ Jr.cub¼i.owd
_w..liuo,l ___
~ ~ ~- llll--J..o.ri,, _ jka__ _ _ld.wJ:ncal __
~~-'t· o.in the International Conference on Intellectual Property Rights and Innovation Management in association with Siyah Kuala University, Indonesia held at Sathyabama Institute of Science and Technology, Chennai from 12th to 14th September,2019.
~ ' - ' - '' "'--
Dr. Dilshad Shaik
Convener
1 -r-
~Sas1praba
Organizing Secretary
~t!A Ii:, ~
~ -- ---
Dr. S.Sundar Manoharan
Vice Chancellor
~
In association with Siyah Kuala University. IndonesiaSATHYABAMA
SEP 14
2019DAY