The protection of ceremony of Ngaben: Communal intellectual property perspective

Abstract

This paper aims to analyze the legal protection of the Ngaben Ceremony dance from the perspective of communal intellectual property. This research also aims to examine the steps that can be taken by the Regional Government of Bali Province as an effort to protect the Ngaben Ceremony. This paper uses normative legal research methods with a statutory approach, a conceptual approach and an analytical approach. The results of the study show that the cremation ceremony, which is one of Bali's typical communal intellectual properties, can be classified as TK and TCE. The effort to protect the Ngaben ceremony is to carry out an inventory of the Ngaben ceremony as one of the communal IPs which continues to be passed down from generation to generation from generation to generation with the meaning and value contained in each element. The inventory is carried out through 1) recordation and 2) data integration. Based on Permenkumham 13/2017, it is known that the inventory process is important to carry out as a defensive mechanism. Therefore, collaboration between all stakeholders plays a major role in collecting all data related to the existence and description of communal IP itself.