Whit so many cultural similiarity between indigenous people in Indonesia, how can
you distingushed which cultural heritage belongs to one indigenous people
Replies:
Thank you for your question. I will try to answer it.
The results of the interview with the legal counseling team of the North Sumatra
Legal and Human Rights Regional Office stated that the registration or inventory of
cultural products of indigenous peoples is by tracing the source and then evidence of
the cultural products that are still well maintained. if the indigenous people can
prove it factually, then it is stated that the culture comes from a region. This is what
makes an inventory of indigenous peoples^ cultures important, to avoid claims from
other regions or tribes.
I hope you are pleased with my answer.
Thank you for your question. I will try to answer it. So, the cultural heritage of
indigenous peoples is called Traditional Cultural Expression (TCE). The cultural
heritage of indigenous communities has deep historical, social, and spiritual value
for the communities that created it. TCE are the results of the intellectual
creativity of an indigenous community that has the potential for commercial value
or can be traded. This reflects the historical nature of indigenous knowledge. It
means that from one generation to the next, traditional indigenous knowledge,
beliefs, arts, and other cultural expressions are passed down to the next
generation. More specifically, indigenous knowledge is transmitted formally or
informally between kinship groups and communities through social exchange, oral
traditions, symbolic practices, and other rituals.
TCE are forms of cultural identity, and within them, there are the rights of
indigenous peoples. Therefore, protecting traditional cultural expressions is
important to respect and preserve the rights of indigenous peoples in their efforts
to realize and maintain cultural heritage from generation to generation.
1)What role do national and international laws play in safeguarding the rights of
Indigenous Peoples over their cultural heritage?
2) What challenges does the state face in balancing its responsibility to protect cultural
heritage and respect the exclusive rights of Indigenous Peoples?
Replies:
Thank you for your question. I will try to answer it.
1) The state can act as a ^guardian^ or representative acting for and on behalf of the
owner or party who has economic and moral rights over the protection of intellectual
property. Indeed, traditional cultural expressions must be protected by the
government or state as the holder of national sovereignty.It means including the
scope of protection and benefit-sharing between the government as a guardian and
Indigenous people as the owner.
2) The Indonesian government has not yet built a structure to protect traditional
cultural expressions such as folklore, and if it exists, this structure is not used
optimally.
