Indonesia Drafting Bill To Protect Its Heritage
Nivell Rayda | August 31, 2009
A man near weaves a type of local cloth called lurik in a small village in Central Java. (Photo: Safir Makki, JG) Related articles
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The Ministry of Justice and Human Rights is speeding up the drafting of
a bill designed to protect the country’s cultural heritage following a
public outcry over the use of traditional Balinese dance images for a
television show on Malaysia, an official said on Monday.
Speaking
at a news conference, the ministry’s director general for intellectual
property rights, Andi Sommeng, said his office was currently working
with several academics to formulate the new bill, which he hoped would
be forwarded to the House of Representatives for further deliberation
in December.
“A lot of our traditional knowledge and art forms
have been used by foreign countries for commercial purposes,” Andi
said. “Others shouldn’t profit from what is rightfully ours. We need
this bill to protect our cultural heritage from exploitation.”
Earlier
this month, the Discovery Channel acknowledged that it had wrongfully
featured the pendet dance of Bali in a television advertisement to
promote its program “Enigmatic Malaysia.”
Despite the fact
that Discovery claimed sole responsibility and issued an apology, many
still directed their fury toward Malaysia, accusing it of stealing the
country’s cultural heritage.
Critics also urged the government to protect the dance against what they called intellectual property infringement.
However,
the director general said that the dance should not be protected under
intellectual property rights, which is limited, but be given the full
protection of a registered cultural heritage.
“Intellectual
property rights only last for a certain time unlike cultural heritage
rights,” he said, adding however that current international agreements
did not provide sanctions against infringements.
“Unless all
the legal instruments have been well established we can’t sue anyone,”
Andi said. “What our government has done by issuing an official protest
is a step in the right direction.”
Anshori Sinungan, the
director of international agreements, said that the ministry was
currently cooperating with the Ministry of National Education and the
Ministry of Tourism and Culture to inventory all traditional knowledge
and art forms.
“So far we have managed to register 2,058 local
technologies, indigenous arts, music, dances and crafts as part of our
cultural heritage,” Anshory said. “So far, we have only gathered data
from 15 provinces but we will continue the process until all aspects of
our heritage have been documented.”
Edi Sedyawati, a history
and cultural professor at the state-owned University of Indonesia who
was involved in formulating the bill, said that Indonesia should look
to the success of the Dutch during colonial times in properly
documenting and studying Indonesian culture.
“The Dutch have a
complete catalog of basic patterns of batik,” Edi said. “They know
where the designs come from and the philosophy behind each one.
“We
should implement a similar system of our own. Not only to protect our
heritage but also to preserve it for future generations,” she said.
She said it was imperative that the ministry work with local authorities to properly document the country’s culture.
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