The nation's traditional arts are a valuable asset both from the economic, social, and cultural. As an economic asset, traditional arts are shown to have high commercial value to the amount of appreciation from the international community. But more importantly, the traditional art is a cultural heritage that has significance for the life and social customs for it includes values, beliefs, and traditions, and history of the local community. Some of the traditional arts such as not only serve as mere entertainment, but it includes respect for the ancestral spirits and the values of other religious magic.
Intellectual property rights (IPR), copyright in particular, became the main legal instrument for the protection of traditional arts of Indonesia. It must be recognized that the mechanism is not perfect copyright protection and to accommodate the proper use of traditional works. Copyright is a right held by an individual over his creation, but not the traditional set of rights that are owned collectively by a community. Many tribes in Indonesia for generations inherit a traditional art, so that the holder the right to art is not an individual but the community as a whole.
On the other hand, as a legal concept derived from the western culture, the traditional people of Indonesia do not really understand the basic philosophy of IPR. In a study conducted in several tribes in Sasak and Lombok (Sardjono: 2006, 119), found that indigenous people did not consider that their traditional knowledge into practice as "hers." They are willing to if there are others who use the knowledge that even without prior approval first because they thought that the more widely used, the more beneficial it is also knowledge.
If all elements of society in Indonesia is committed to improving the economic potential of traditional arts as well as respecting the rights of the nation's social and cultural rights, such conditions can not be tolerated. Several steps need to be done by focusing efforts on providing the freedom for indigenous or traditional artists themselves in selecting the proper use of his creation. In this case there are several strategies that can be done by all elements of society in accordance with the role and function of each so do not accrue to the government.
The first is to provide an understanding of the indigenous communities and traditional artists about the importance of traditional arts. If they already know their rights protected by law, then they can have a decent understanding of freedom to decide for themselves and use their creations.
In conducting such educational programs, needs of the community who can mingle with the local community. To provide an understanding of indigenous communities, it takes an understanding of their social system so as to reach out to traditional leaders as the ultimate decision maker. Therefore, non-governmental organizations (NGOs), cultural figures, and other elements of civil society play a vital role in realizing this strategy.
The second is an optimal use of traditional art with respect to social rights and cultural communities concerned. One of the low awareness of the importance of legal protection of traditional arts is the lack of interest in the art itself. Indonesia is not uncommon to traditional art is more appreciated by foreigners than by the people of Indonesia. Some work on the adaptation of traditional Indonesian art actually done by foreign artists and has received a positive reception.
All stakeholders in the industrial arts, music producer, for example, must participate in promoting the development of traditional arts. On the other hand, this industry must also provide appropriate compensation as a form of legal protection of traditional artists. As the private sector, these measures can be categorized as a social care program (corporate social responsibility).
For comparison, in the United States there is a company called Shaman, Inc. is engaged in business development and marketing of technology on traditional medicines which are mixed by a traditional healer (shaman) in Latin America. They develop and sell the products of traditional medicine by providing appropriate royalties to the traditional healer. Arts industry to adopt a similar mechanism to the traditional arts.
The third is to conduct a comprehensive documentation. Adequate documentation of the traditional Indonesian art serves as a defensive protection mechanism to cope with abuse (misappropriation) instrument on traditional knowledge IPR Indonesia abroad.
This documentation can then be used by advocates of Indonesia as a basis of proof that a registered or dimanfaarkan art abroad is not original as required by international copyright laws. In the case of the song "feel Sayange" for example, if Indonesia has the documentation that supports the song as a traditional Indonesian song that has been practiced since a long time, it has been found sufficient basis lawsuit. This documentation may include recordings, manuscripts, or reporting research.
The process documentation should be done by involving all elements of academics, researchers, and practitioners in law, arts, musicology, anthropology, journalism, culture, and other related elements. To reduce the cost of documentation, public participation must also be opened as wide as possible so that the data and information can be obtained from various sources.
Ultimately, any steps taken by the government need the support of efforts to create a comprehensive, systematic, and sustainable. Implementation of legal education on traditional arts and partnerships between industry players with the traditional public art should be in control of the government. Meanwhile, the government also should spearhead the process of documenting and filing a lawsuit against any foreign party is abusing the traditional arts of Indonesia. The final goal of all these steps of course is to increase competitiveness and develop social and cultural dignity of Indonesia, both domestic and international level.
