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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 12:56:20 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?

Reply from Ms. LESLY SAVIERA 2024.11.05 20:26:03 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.

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