Proceedings of the International Joined Conference on Social Science (ICSS 2021)

The Implications of Protecting Geographic Indications of the Cultural Rights of the Asmat Indigenous People

Authors
Yosman Leonard Silubun1, *, Jover Jotam Julianto Kalalo2, Marlyn Jane Alputila3
123Department of Law Musamus University, Indonesia
*Corresponding author. Email: Yosmansilubun@gmail.com
Corresponding Author
Yosman Leonard Silubun
Available Online 3 December 2021.
DOI
10.2991/assehr.k.211130.082How to use a DOI?
Keywords
Cultural Rights; Geographical Indications; Asmat Carving
Abstract

Diversity of product potential Geographical indication does not only consist of biological products, agriculture, and plantations that stretch from the west to the east Indonesia. However, there are also potential Geographical Indication products that come from culture in the form of handicrafts, for example batik, carving, weaving and so on.there has been no effort from the government or the Asmat indigenous people to register it. So that it has been taken by those who don’t even have it relationship with the Asmat indigenous people who are entitled to economic rights as well as rights culture, then it becomes fraudulent competition for the product. Policy protection of Geographical Indications that has been implemented by the government is not in line with implementation in society. This research entitled The Implications of Protecting Geographic Indications of The Cultural Rights of The Asmat Indigenous People. This research aims to determine the extent Asmat engraving products are categorized into Geographical Indication regime and how essence the cultural rights of indigenous peoples in the protection of the Geographical Indications of the Asmat Carving products. From the results of this study found that Asmat carvings based on different criteria contained in law number 20 of 2016 concerning brands and geographic indications states that the mark possessed by the Asmat carving shows its geographical location as well the characteristics of the Asmat carving are strongly influenced by environmental factors, namely natural factors and the human factor. Then the research results show that the concept of cultural rights is in line with the provisions of law number 20 of 2016. Then the following conclusions can be drawn; The Asmat carving has fulfilled characteristics to be given protection in a Geographical Indication regime. Asmat carving as a result the product has a mark that represents the geographical conditions on Asmat district. A combination of the results of Asmat’s human observations on natural conditions surroundings and the use of basic carving materials from the natural surroundings, contained in the product carving that has a worldwide reputation as well as beautiful quality, and the concept of cultural rights owned by the indigenous people of Asmat in the protection of geographic indications of Asmat carvingsis aligned with the purposes and benefits of Geographical Indication protection. Protection geographic indication explicitly guarantees the Asmat indigenous people to continue to be able have, use, develop and inherit the knowledge of Asmat carving to the next generation.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the International Joined Conference on Social Science (ICSS 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 December 2021
ISBN
978-94-6239-474-2
ISSN
2352-5398
DOI
10.2991/assehr.k.211130.082How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Yosman Leonard Silubun
AU  - Jover Jotam Julianto Kalalo
AU  - Marlyn Jane Alputila
PY  - 2021
DA  - 2021/12/03
TI  - The Implications of Protecting Geographic Indications of the Cultural Rights of the Asmat Indigenous People
BT  - Proceedings of the International Joined Conference on Social Science (ICSS 2021)
PB  - Atlantis Press
SP  - 453
EP  - 457
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211130.082
DO  - 10.2991/assehr.k.211130.082
ID  - Silubun2021
ER  -