CULTURAL HERITAGE: BELONGS TO THE INDIGENOUS PEOPLE OR TO THE STATE? LESLY SAVIERA, Khairuna Malik Hasibuan, Khairunnisa Ginting, Faradila Yulistari Sitepu
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Abstract
This article aims to discuss Indonesia^s legal protection over the ownership of cultural heritage and the fulfillment of the exclusive rights of Indigenous Peoples to Traditional Cultural Expressions. Through a juridical review, this article explores the role of national and international law in protecting the rights of Indigenous Peoples over their cultural heritage. The protection of cultural heritage is the responsibility of the state, as stipulated in Article 38 paragraph (1) of Law Number 28 of 2014 concerning Copyright. However, the state must also respect the rights of Indigenous Peoples as the exclusive rights holders of their cultural creations. This is in line with the United Nations Declaration on the Rights of Indigenous Peoples, which states that governments around the world must protect and guarantee the rights of indigenous communities, including their history, language, oral traditions, writing systems, philosophy, and literature.
Keywords: Indigenous Peoples, legal protection, cultural heritage
