Protection of Traditional Knowledge of Indigenous Peoples Orientation to Harmonization of National and Local Law: Relevance of Minahasa and Sangihe Customary Law in North Sulawesi

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Caecilia Johanna Julietta Waha, Jemmy Sondakh, Odi Roni Pinontoan

Abstract

The legal protection system has not been integrated with traditional knowledge of indigenous peoples between central and regional arrangements resulting in customary works being easily exploited for economic interests by certain parties by certain parties. With the enactment of regional autonomy, it should provide full authority in developing the potential of the region including traditional knowledge such as batik cloth. Traditional knowledge such as batik Bentenan, local folk songs and dances, handicrafts, medicinal plants, medicinal herbs, and traditional medicine techniques have become the target of legal exploitation by foreign parties. National regulations that are not national regulations that are not specific and local regulations that are not clear and firm are weak points in the legal protection system in the legal protection system. The long-term objective of this research is to solve the problem of disharmony and synchronization of the legal protection system of traditional knowledge. traditional knowledge law protection system, the implementation of the research focused on several areas that experience serious problems in the protection of traditional knowledge protection in North Sulawesi, namely the parent Minahasa Regency related to the development of the Pottery industry and traditional houses, and batik Bentenan, and Sangihe Regency in the field of coconut oil industry called coconut oil industry called Lana Bango. The research method used is legal research that examines and analyzes legal protection. In reality, the management of traditional knowledge is not maximized by the maximized by the local government in implementing local law. To maximize the productivity of traditional knowledge 'lana bango' and the clay pottery industry, legal protection must be maximized, clay pottery industry then legal protection must be maximized by the local government for the sustainability of traditional industries by prohibiting the exploitation of the private sector and other parties and the acceleration of the making of PERDA which is oriented to IPR in the utilization of traditional knowledge in the region.

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