ARCHIVES
VOL. 12, ISSUE 2 (2026)
The urgency of reformulating the legal protection of Balinese Traditional silver motifs as Traditional Cultural Expressions in the Intellectual Property Regime
Authors
Kadek Julia Mahadewi, Ni Ketut Supasti Dharmawan, I Nyoman Bagiastra, I Wayan Novy Purwanto
Abstract
The protection of traditional cultural expressions (TCEs) within the
intellectual property (IP) regime remains a critical legal issue, particularly
in countries with rich communal cultural heritage such as Indonesia. This study
examines the limitations of the existing IP framework in protecting traditional
Balinese silver motifs, which are inherently communal, intergenerational, and
culturally embedded. The current legal regime, primarily governed by Law Number
28 of 2014 on Copyright, adopts an individualistic approach that is
incompatible with the collective nature of TCEs, resulting in ineffective
protection and vulnerability to misappropriation. This research employs a
normative legal method using statutory, conceptual, comparative, and case
approaches to analyze the structural and conceptual weaknesses of the existing
legal framework. The findings reveal that the absence of a sui generis system
and the lack of operational mechanisms—such as community-based consent,
equitable benefit-sharing, and effective enforcement have significantly
undermined the protection of traditional silver motifs in Bali.To address these
gaps, this study proposes an Integrative Communal Intellectual Property Model,
which constitutes the main novelty of this research. The model integrates
national law, customary law, and international standards into a coherent legal
framework. It emphasizes the recognition of indigenous communities as primary
rights holders, the implementation of prior informed consent, the establishment
of transparent benefit-sharing mechanisms, and the development of a communal
registration system. Additionally, the model promotes alignment with
international instruments developed by the World Intellectual Property
Organization to strengthen cross-border protection. This study contributes
theoretically by advancing a shift from an individualistic IP paradigm to a
communal rights-based framework, and practically by offering a policy-oriented
model for legal reform in Indonesia. The proposed model is expected to enhance
legal certainty, ensure distributive justice for local communities, and
safeguard the sustainability of traditional cultural heritage in the era of
globalization
Download
Pages:52-59
How to cite this article:
Kadek Julia Mahadewi, Ni Ketut Supasti Dharmawan, I Nyoman Bagiastra, I Wayan Novy Purwanto "The urgency of reformulating the legal protection of Balinese Traditional silver motifs as Traditional Cultural Expressions in the Intellectual Property Regime". International Journal of Law, Vol 12, Issue 2, 2026, Pages 52-59
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.