Indigenous Data Sovereignty and Blockchain: Reconfiguring Legal Protection of Communal intellectual Property in Indonesia

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Research International Source checked
Source
Journal of Cultural Analysis and Social Change
Published
25 Nov 2025
Authors
M. Ramadhan, Rahmad Syah, Shulhan Iqbal Nasution

Excerpt from source

This article reevaluates Indonesia’s legal framework for the protection of Communal Intellectual Property (CIP), exposing the fundamental weaknesses of Ministerial Regulation No. 13 of 2017 and Government Regulation No. 56 of 2022, which rely on administrative state custodianship without ensuring community sovereignty, Free, Prior, and Informed Consent (FPIC), or enforceable Access and Benefit-Sharing (ABS) mechanisms. Using a normative legal methodology enriched by socio-legal and comparative analysis (Philippines: IPRA 1997; Thailand: TK Act 1999; Peru: Law No. 27811; Bolivia: constitutional recognition of communal rights), the study reconstructs the regulatory model through the…

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