Legal politics of communal intellectual property regulation in the national legal framework

Nugroho, Titis Adityo and Uwiyono, Aloysius and Bustani, Simona (2025) Legal politics of communal intellectual property regulation in the national legal framework. International Journal of Science and Research Archive, 16 (1). pp. 1008-1014. ISSN 2582-8185

This research analyzes the legal politics of protecting Communal Intellectual Property (CIP) in Indonesia, a country rich in ethnic, cultural, and biological diversity. Using a qualitative desk study method, it explores how Indonesia’s legal and political frameworks address the protection of CIP within a predominantly Western, individual-oriented intellectual property (IP) system. While Indonesia has made notable progress—especially through the issuance of Government Regulation No. 56 of 2022 on Communal Intellectual Property—serious implementation challenges remain. The regulation marks an important move toward defensive protection via a national inventory but lacks robust mechanisms for positive protection, such as effective enforcement, dispute resolution, and fair benefit-sharing. This study highlights key obstacles, including limited public and community understanding of CIP rights, leaving Indigenous Peoples and local communities vulnerable to exploitation and biopiracy. Institutional weaknesses and legal overlaps particularly with conservation laws that may criminalize traditional practices and further marginalize these communities. The research emphasizes that protecting CIP is not merely a legal requirement but a critical step toward preserving national identity, state assets, and social justice. It concludes with strategic recommendations to strengthen CIP protection, including the development of a sui generis legal framework, enhanced institutional capacity, greater community empowerment, and the adoption of relevant international instruments.