The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation

Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary L...

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Main Authors: Maisa Maisa, Muhammad Akbar, Samsuria Samsuria, Ida Lestiawati
Format: Article
Language:English
Published: Universitas Pattimura, Fakultas Hukum 2023-06-01
Series:SASI
Subjects:
Online Access:https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1505
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author Maisa Maisa
Muhammad Akbar
Samsuria Samsuria
Ida Lestiawati
author_facet Maisa Maisa
Muhammad Akbar
Samsuria Samsuria
Ida Lestiawati
author_sort Maisa Maisa
collection DOAJ
description Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications. Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications. Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions. Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples.
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spelling doaj.art-5546e46436ff418cb60c8aa2ceb306ca2023-06-12T05:58:46ZengUniversitas Pattimura, Fakultas HukumSASI1693-00612614-29612023-06-0129352453410.47268/sasi.v29i3.1505813The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and FormulationMaisa Maisa0Muhammad Akbar1Samsuria Samsuria2Ida Lestiawati3Faculty of Law Muhammadiyah Palu University, PaluDatokarama State Islamic University, PaluFaculty of Law Muhammadiyah Palu University, PaluFaculty of Law Muhammadiyah Palu University, PaluIntroduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications. Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications. Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions. Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples.https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1505geographical indicationsintellectual propertyindigenous peoples.
spellingShingle Maisa Maisa
Muhammad Akbar
Samsuria Samsuria
Ida Lestiawati
The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation
SASI
geographical indications
intellectual property
indigenous peoples.
title The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation
title_full The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation
title_fullStr The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation
title_full_unstemmed The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation
title_short The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation
title_sort participation of indigenous peoples in the development of geographical indications between orientation and formulation
topic geographical indications
intellectual property
indigenous peoples.
url https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1505
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