Urgency of sui generis genetic resources law in order to prevent plant biopiracy in Indonesia

Nurfitri, Dian and Bustani, Simona and Yunari, Sri Bakti (2025) Urgency of sui generis genetic resources law in order to prevent plant biopiracy in Indonesia. International Journal of Science and Research Archive, 15 (2). pp. 1699-1711. ISSN 2582-8185

Indonesia, as a mega-biodiversity country, holds vast plant genetic resources (PGR) with immense potential for bioprospecting in pharmaceuticals, cosmetics, and food industries. However, the absence of a specific legal framework has left these resources vulnerable to biopiracy unauthorized foreign exploitation without fair benefit sharing for indigenous communities. Existing laws, including the Patent Law, Communal Intellectual Property Regulation, and Conservation Acts, inadequately protect traditional knowledge and collective rights. This legal vacuum has allowed foreign entities to patent innovations derived from Indonesia’s biodiversity, marginalizing local communities. Moreover, fragmented institutional oversight, lack of a unified genetic resource database, and limited public awareness further weaken protection efforts. Drawing from international instruments such as the Nagoya Protocol and practices from India and Malaysia, this study advocates for a sui generis legal system tailored to Indonesia’s ecological and socio-cultural context. Such a framework must include access and benefit-sharing (ABS) mechanisms, centralized data inventories, digital information systems, and institutional reforms. Proactive legal recognition of indigenous rights and participatory governance are essential for ecological justice and biodiversity preservation. This study concludes that a dedicated Sui Generis Law on Genetic Resources is urgently needed to ensure sovereignty, equity, and sustainable use of Indonesia’s biological wealth.