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Abstract
ABS-54
CULTURAL HERITAGE: BELONGS TO THE INDIGENOUS PEOPLE OR TO THE STATE?
LESLY SAVIERA, Khairuna Malik Hasibuan, Khairunnisa Ginting, Faradila Yulistari Sitepu
Corresponding Author: LESLY SAVIERA


Question from Mr. Zaenal Arifin
2024.11.05 12:56:44

What are the implications of recognizing Indigenous Peoples as exclusive rights holders
of their cultural heritage under Indonesian law?

Reply from Ms. LESLY SAVIERA
2024.11.05 20:16:29

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.

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