Perlindungan Hukum Terhadap Tari-tarian Tradisional Indonesia (folklore) Berdasarkan Bern Convention Dan Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta

Hendardi, Mohammad Kevin (2021) Perlindungan Hukum Terhadap Tari-tarian Tradisional Indonesia (folklore) Berdasarkan Bern Convention Dan Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Dance is an Art that studying aboud body movement with melody which is conducted at any given moment. Traditional dance could be said as a Culture that the exixtence is very concerned as a one of a kind of art culture in Indonesia. Besides dance as a folklore is a identity of community culture in Indonesia and had the protected by government, it still get claimed by other country. The research problem is, how the legal protection of Indoensia Traditional Dances (folklore) based on Bern Convention and how the protection arrangements of Indonesian Traditional Dances based on Copyright Laws Act no. 28 of 2014. The research method of this thesis is Empirical Juridical, or combination between (survey and normative). Empirical Juridical research means in analyzing the problem, it is done by combining legal materials (which is a secondary data with primary data) that author got from the field. Meanwhile the nature of this research is descriptive, where the author describes clearly and in detail about the state of an object or subject in the study. In the form of people, institutions, communities, and others according to the currents facts. The result of this research that the legal protection of traditional dances in Indonesia (Folklore) based on law number 28 of 2014 concerning copyright it is not yet doing well. Because the lack of awareness by the local government to registering traditional dances that they have. And,the government has not been fully responsible for traditional cultural expression, especially traditional dances. As we know, a work of traditional dances it needs requires a specific legal protection, and traditional dances need to be protected, guarded, and preserved.the things about registration of regional cultural specialities, it needs socialization, information, and ease to access, then the implementation of one stop service. Considering that traditional dances is an expression of hereditary culture, a reflection of the custom of a society, has economics value in creative industry, and is a identity that is not owned by other nations that needs to be preserved and protect. Based on the Bern Convention is not run optimally because eventhough the Bern Convention has provided protection about an artwork that has not been published and had unknown creator as a form of copyright if it is suspected that the creator of an artwork is the citizen part of the convention, but this convention can’t protected the traditional Indonesia dances by the claim that has be happens a lot, like Pendet dance from Bali, Reog Ponorogo, and Kuda Lumping.

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