An Overview of Legal Measures to Prevent and Protect Unreasonably the Use of Traditional Medicine in Indonesia

Subagiyo, Dwi Tatak (2023) An Overview of Legal Measures to Prevent and Protect Unreasonably the Use of Traditional Medicine in Indonesia. The Advanced Institute of Higher Education of Barreiras (IAESB)-Brazil. (Unpublished)

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Abstract

ABSTRACT Objective: Indonesia, safeguarding traditional medicinal knowledge is paramount, offering cultural, social, and economic dividends. In Indonesia, the legal status of herbal plants and their processed derivatives remains ambiguous. The inherent nature of traditional knowledge, passed down through generations with often unknown origins, contrasts starkly with patent prerequisites. Thus, it is imperative to preempt and address the unwarranted exploitation of Indonesia's traditional medicinal knowledge through strengthened legal measures. Method: This study employs a normative legal research methodology, focusing on the examination of positive law through literature review. Normative legal research typically relies on library materials or secondary legal materials as primary sources. Result: Traditional knowledge, deeply embedded in Indonesia's cultural fabric, finds its protection lacking within the current Intellectual Property Rights (IPR) framework. International agreements, like the Convention on Biological Diversity, underscore the significance of safeguarding such knowledge, yet Indonesia's first-to-file patent system often falls short. There's an urgent need for robust regulations to prevent misuse and ensure this invaluable knowledge remains preserved for future generations. Conclussion: Traditional knowledge represents more than just practices and beliefs; it is an invaluable national treasure for Indonesia. Keywords: traditional knowledge, traditional medicine, intellectual property rights, legal protection, normative legal research.

Item Type:	Other
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Law Sciences Study Program
Depositing User:	Sulimin BP3
Date Deposited:	04 Dec 2023 21:54
Last Modified:	04 Dec 2023 21:54
URI:	http://erepository.uwks.ac.id/id/eprint/16664

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