PROTECTION OF TRADITIONAL CLOTH “TAPIS LAMPUNG” IN COMMUNAL INTELLECTUAL PROPERTY RIGHTS REGIME

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INTRODUCTION
Indonesia is known for its cultural diversity and traditional wealth. Without realizing it, many local assets and intellectual property have been widely recognized as belonging to foreigners. This lack of awareness of the importance of intellectual property assets has resulted in enormous losses for Indonesia. The intellectual property assets are part of the intellectual property rights whose ownership must be protected.
Intellectual property rights in its development recognize not only individual intellectual rights but also communal intellectual property rights. One part of communal intellectual property rights are traditional cultural expressions (TCE). Based on article 40 Law No.
28 of 2014, these traditional cultural expressions include all forms of drawings, paintings, carvings, calligraphy, collages, sculptures, and sculptures, commonly referred to as fine arts.
The Marrakech Convention of the World Trade Organization (WTO) contained in the Trade Related of Intellectual Property Rights (TRIPs) was the initial agreement in the emergence of the Intellectual Property Rights (IPR) regime. One of its members, Indonesia, must implement all agreements reached without exception. This obligation is binding and must be fulfilled by member countries within a specific time frame.
Indonesia, one of the developing countries, is granted waivers in implementing the IPR agreement, namely in the form of a ten-year arrangement and implementation period, which is different from that given to developing countries, which is only five years. 1 At first, this issue did not receive much attention because it was considered not to bring many benefits to developed countries. In addition, there are other issues within the scope of IPR that are not accommodated in the WTO, such as genetic resources, traditional knowledge, and folklore expression. Attention to these three issues becomes more intense when there are several cases regarding using genetic resources, traditional cultural expressions, and knowledge.
The recognition of communal intellectual property rights is already contained in the UNESCO Convention 2003 Convention, namely the Convention for the Safeguarding of the Intangible Cultural Heritage by regulating intangible cultural heritage in various practices, representations, expressions, knowledge, skills and instruments, objects, artifacts and The associated cultural environment includes the various communities, groups and, in some cases, individuals who are recognized as part of their cultural heritage. This intangible cultural heritage, passed down by various communities and groups in response to their history, environment and interactions with nature gives them a sense of identity and sustainability in promoting human creativity and respect for cultural diversity. 2 However, in Indonesia itself, there is no specific legislation that regulates the issue of traditional cultural expression because it is part of the copyright law, which is part of personal intellectual property rights.
Protection for traditional cultural expressions in Indonesia has received more attention after the emergence of Malaysia's ownership claims to several folklore that the Indonesian people have recognized for generations as cultural heritage, such as wayang, reog ponorogo, and pendet dance. In addition, the ancient manuscripts digitized by Malaysia on the culture of the indigenous peoples of South Sulawesi and Southeast Sulawesi. 3 Furthermore, the dispute between Indonesia and Japan regarding the patenting of traditional Indonesian knowledge focuses on the Japanese cosmetic 1 Krisnani, et.al The consolidation of these texts is expected to guide developing countries in text-based negotiations at WIPO. Indonesia asks developing countries to be more synergistic in fighting for an international regime to protect genetic resources, traditional knowledge, and cultural expressions.
However, in the end the government realized that there was no common ground between developing and developed countries on many aspects of the protection of Traditional Cultural Expressions in various international meetings. There are differing views between groups of developing and developed countries on many aspects of the protection of Traditional Cultural Expressions. 7 The primary purpose of Indonesian national law is to regulate the commercialization and use of intellectual property rights (IPR) in TCE, not to regulate the preservation and maintenance of TCE. 8 So that the purpose of TCE protection in this national Law is different from the goal of TCE protection being pursued in international forums, the purpose of TCE protection in international forums is to maintain TCE preservation. In contrast, IPR protection is a consequence of TCE preservation. 9 Furthermore, the purpose of TCE protection in national Law differs from what the community wants. 10 The issue of government recognition and attention to minimizing the risk of TCE extinction is more important than the mere commercialization of TCE and efforts to document TCE and its custodian. 11 Cultural sustainability; The existence of a system that can maintain and transmit culture to the next generation; The balance between providing protection to culture and giving everyone access to use it for the creation of new creativity and innovation is a major concern for them. The purpose of the law in protecting TCE should be to regulate these three things. 12 In international forums, the law should be able to maintain the nation in maintaining the existing situation (preservation), which prohibits the holding of changes, the survival of the nation that creates a dynamic from time to time so that it can defend itself and develop itself against attacks and changes. Changes that come from outside. 13 Lampung Province, part of the Unitary State of the Republic of Indonesia, has various traditional cultural expressions ranging from art, culture, and language. One of its artistic and cultural heritage is the Tapis Lampung which, if not maintained and maintained correctly, will become extinct and vulnerable to the recognition of other countries that take advantage of its existence. Because the cloth itself is now starting to be brought and exhibited at international events, be it official state or informal events.
The state is the highest authority, and local governments, therefore, make the state a representative in regulating and protecting TCE. This can prevent commercialization and monopolies by foreign parties without the state's permission as the copyright holder.
This provision is intended to avoid the actions of foreign parties that can damage cultural values and use them commercially without the permission of the TCE owner.
The problem is that traditional community culture, laws, and regulations do not recognize copyright. The cultural values of society do not recognize individual ownership of copyrighted work in the fields of science, art, and culture. However, it is necessary to have the initiative and creativity of the Regional Government to protect the community's TCE, which is associated with IPR, especially copyright. So far, the local government's attention to TCE is still limited to administration through data collection.
Moreover, there is no precise regulation and protection for the potential derived from traditional knowledge and its expression, both from the moral and economic aspects, Tapis is one of Lampung's traditional cultural expressions that can be protected under the IPR law. Currently, regulations in Indonesia regulate cloth's protection in the copyright regime. However, the copyright regime has limitations in protecting Tapis, for example, the limited protection time provided. In addition, Tapis handicrafts have IPR potential, not only on motifs that are protected by copyright but also on other IPR potentials, such as the originality of the material and the origin of the craft that Geographical Indications can protect. Therefore, the author is encouraged to conduct a more profound study regarding the conditions, options, potential, and challenges of Tapis Lampung protection.
Based on the description of the background, the problems to be solved in this study are (1) the development of IPR protection for Tapis Lampung and (2)

Definition of Legal Protection
Protection is the provision of guarantees for peace, security, peace, and prosperity against all dangers that threaten the protected party. The definition of protection is a place of refuge, things to protect (Indonesian Dictionary, 1990: 526). The word protection, rooted in the bare word "protect," gets the confix "ke a" so that it becomes a formed noun and has an abstract meaning. According to Gorys Keraf, the confix "role" function is to form a noun. The meaning of the word formation with the confix "role" is: to state the result of the action, the event itself, or the thing of action (Gorys Keraf, 1984: 116). In this context, "protection" refers to the event itself or the thing of action.
Legal protection is a guarantee provided by Law to obtain security, peace, and prosperity. 16 According to Satjipto Raharjo, legal protection is given to the community so that they can enjoy all the rights granted by Law and provide protection for human rights that others have harmed. Philips M. Hadjon argues that legal protection is an acknowledgment of human rights and the protection of the dignity of legal subjects.
Furthermore, CST Kansil said that Legal Protection is a legal effort to feel mentally and physically safe from disturbances and various threats from any party that law enforcement officials must provide. 17 Legal protection is often referred to as a means of legal protection when carrying out and providing a place or container in its implementation. The definition of legal protection is divided into two types, namely as follows 18 a. Preventive Legal Protection aims to prevent disputes. Preventive legal protection encourages the government to be careful in making decisions based on discretion. The reason is that legal subjects can file objections or opinions before a government decision gets a definitive form. However, in Indonesia, there is no specific regulation regarding preventive legal protection. 16  b. Repressive Legal Protection aims to resolve disputes. This protection principle is based on the recognition and protection of human rights and the rule of Law.
Associated with the recognition and protection of human rights, the recognition, and protection of human rights is the goal of the rule of Law. The General Court and Administrative Court provide this means of protection.
Justice and Law must be upheld based on Positive Law to achieve a safe and peaceful society. Justice is formed by correct thinking, is carried out fairly and honestly, and is responsible for the actions taken. Justice must be built under the ideals of Law The community expects legal certainty to create an orderly, safe, and peaceful society. The Law is given to humans, so its implementation must provide benefits and uses for the community, not cause social unrest. Solid legal protection will realize the legal objectives: security, order, welfare, peace, truth, justice, and peace. Excellent and correct treatment will create a safe and peaceful society. Legal certainty contains two meanings, namely the existence of general rules so that everyone knows what can and cannot be done and legal security for everyone from government arbitrariness because, with these rules, everyone can know what is allowed by the government. Legal certainty is not only a law but also a consistency in the decisions of the new judges with the decisions of previous judges for similar cases that have been decided. 20

Intellectual Property Rights
Intellectual property (IP) is a property that arises or is born from human intellectual abilities. These works are born and can be in the form of works in science, technology, art, and culture. These works are produced based on human intellectual abilities through creativity, taste, intention, time, energy, and thought. This distinguishes intellectual property from other types of property that can also be owned by humans but are not produced by human intellect. Wealth in the form of work resulting from the ability to think or human intelligence has economic value and benefits for human life, so it can also be considered a commercial asset. Works produced on human intellectual abilities through creativity, taste, intention, time, energy, and thought are naturally secured by creating a legal protection system for such property as the Intellectual Property Rights ( Provide legal clarity regarding the relationship between assets and inventors, creators, designers, owners, users, intermediaries who use them, the working areas of their use and those who receive the consequences of using IPR for a certain period of time; (4) Stimulate the creation of efforts to transfer information through intellectual property and transfer of technology through patents; (5) Provide protection against the possibility of being imitated because there is a guarantee from the state that the implementation of intellectual work is only given to those who are entitled.
In addition, the IPR system has also caused a change in the culture and perspective of a nation by:  can be in the form of literary works or informative narratives; (5) fine arts, both in twodimensional and three-dimensional forms made of various materials such as leather, wood, bamboo, metal, stone, ceramics, paper, textiles, and others or a combination thereof; (6) traditional ceremonies, including the manufacture of tools and materials.

Types and Approaches of Research
This research is normative-empirical legal research that mainly examines national, sec-toral, and regional laws and regulations that regulate the protection of intellectual prop-erty rights but also looks at the reality in society through observation, interviews, and other necessary matters. The approaches used are the statute, observation, interview, and conceptual approach.

Data and Data Sources
Because this research is classified as normative-empirical legal research, the data used is not only secondary data but also primary data. Researchers obtain primary data directly when they go to the field, in contact with social reality. Meanwhile, secondary data con-sists of primary legal materials and secondary legal materials. The primary legal materials used are laws and regulations relevant to formulating the problem to be discussed. In contrast, the secondary legal materials are books and journals per the research focus. Secondary data in this study were obtained from literature studies and searches on the internet network.

Data Collection and Processing
Data is collected through the field to observe social phenomena and conduct necessary interviews. In addition, collecting data from library research by reading, quoting, taking notes, and understanding various kinds of literature related to the object of research in the form of primary and secondary legal materials. In the next step, the data material is collected through the procedures for identification, inventory, classification, and systematization of data materials according to research problems. The collected data were checked for completeness (editing), then classified thematically (according to the subject matter) for further analysis.

Data Analysis
From the aspect of dogmatic Law, the analysis of legal materials is carried out in two stages. First, by way of exposure and analysis of the content (structure) of the applicable Law, systematization of legal phenomena that are presented and analyzed, interpreta-tion, and assessment of the applicable Law. Data analysis was carried out qualitatively by means of prescriptive-analytic, namely examining legal concepts and norms related to research problems. lines in the form of color fields and embroidered with light-colored decorative threads.
The motif is widely used in traditional events, the begawei event, cakak pepadun, descending cangget, welcoming guests, and the bride's attire at the wedding ceremony.
Tapis, basic cloth, is a woven product from a cotton thread on a gedongan loom, also called pattek (panthok). The red and brown colors that come from the sap of the Sepang fruit (Caeselpinia sappan), noni root (Morinda citrifolia), and tamarind (tamarindus indica) are the primary colors of the cloth.
In addition, there is also a yellow color that comes from turmeric (curcuma domestica), tamarind, and whiting. Moreover, the blue comes from indigo (indigofera), talom leaves, and dice. The width of the woven obtained has a length of approximately 60 cm. While the lines and areas of color obtained are done horizontally when used as a sarong. Embroidery on cloth uses gold thread which is done by placing the cloth on the teukang, which is a fabric fastener. Embroidery is done by sawat technique, namely inserting decorative threads on fabric threads and then tying the threads through decorative threads on the base fabric to form the desired texture and decoration on the fabric that has been tightened on the teukang. The beauty of Tapis Lampung emerges from the combination of basic cloth colors, decorative shapes, textures, and gold thread luster. Likewise, the various tapis motifs and of them are motifs that come from the heritage of the ancestors to beautify the Tapis, which was initially just a plain woven sarong. For ethnic groups, the filter's types and motives vary, depending on the indigenous people's needs. 30 Tapis Lampung weaving has social and economic functions in people's lives. The social function shows its status in social groups and members of society. This cloth has a high value and is a status symbol of the family group that shows the different status of its users, including the filter cloth used by the family of traditional leaders or tribal leaders at traditional marriage ceremonies and taking titles. There are also types of Tapis that may only be used by certain people at certain traditional ceremonies, for example, for different brides. The use of cloth that is not by its status will be subject to sanctions or reprimands from community members.
However, the use of this cloth has changed its function and has begun to shift.
Economically, in the past, tapis craft was a necessity that was made only for the benefit 30 Junaidi Firmansyah, et. al, Mengenal Sulaman Tapis Lampung, Lampung: Gunung Pesagi, 2007, hlm. 67. of the custom of the family group itself. However, nowadays, cloth has begun to be marketed. Natural rights born from social processes and passed down from generation to generation are the rights of indigenous peoples. The consequence of the state's protection of these rights is to legalize these rights into a legal entity.
Traditional rights from the existence of indigenous peoples become a dilemma because they require legalization. These rights will be recognized if they are regulated  (7) Other similar rights.
Communal intellectual property rights can be divided into four forms, namely: (1) Traditional knowledge; (2)  Regarding the protection of traditional cultural expressions and genetic resources, at the international and national levels, there is no legal instrument to guarantee the protection of communal intellectual property rights. However, basically the concept of protection in the protection of communal intellectual property rights, there are two models of protection that can be provided, namely: (1) Defensive protection refers to efforts to prevent other parties from granting intellectual property rights without the knowledge and permission of the communal intellectual property owner.
(2) Positive protection can be carried out in the form of legal remedies, namely by using laws related to communal intellectual property rights or by forming special laws for each existing intellectual property right.
As the state administrator, the government needs to provide concrete guarantees to provide certainty for each of its citizens that the state protects them. One way is to take government action. Government actions generally consist of 3 actions (HR 2017), namely in making laws and regulations or regelling. Government actions in issuing decisions or beschikking, and the last is government actions in civil Law or materiele daad. The right instrument for government action in protecting communal intellectual property rights is the formation of legislation.

Construction of intellectual property rights protection for Tapis Lampung
As explained in the previous sub-discussion, legal protection for Lampung filter cloth can be achieved using two means, namely preventive and repressive protection.
Con-cerning the first facility, its implementation is based on the legal regime of Law In the concept of intellectual property rights, especially in Copyright Law, protecting Traditional Cultural Expressions differs from protecting other types of copyright, such as books, musical works, and paintings. This is because the Traditional Cultural Expression ownership is not individual, but the Traditional Cultural Expression is communal ownership. This means that traditional cultural expressions are owned by a group of indigenous peoples in a particular area or place, so individual legal protection cannot be applied.

CONCLUSION
Based on the results and discussion above, it can be concluded that legal protection for Tapis Lampung can be achieved using two means, namely preventive and repressive legal protection. In preventive legal protection of the Cultural Advancement Law regime, protection is carried out by implementing an integrated cultural data collection system that carries out efforts to record and document culture to prevent claims for the protection of intellectual property rights against culture. A similar principle applies to preventive legal protection in the Copyright Law regime, where the Tapis Lampung is registered with the Director General of Intellectual Property Rights as proof of ownership of the Lampung cloth. In repressive legal protection, it is necessary to make rules that can provide a legal basis for parties who will make demands against outside parties which are considered to have taken or recognized the rights to the cultural heritage clearly and systematically. So that a lawsuit can be filed in court if there has been a copyright infringement.
The suggestions that can be given from the results of this study are that the Indonesian government needs to immediately form legislation in the form of laws governing communal intellectual property rights, mainly traditional cultural expressions. This is due to the acceleration of legal protection for various communal intellectual property rights in Indonesia. In addition, at the international level, the Indonesian government should pioneer the movement of countries worldwide to form a