INTELLECTUAL PROPERTY LAW BASED ON LOCAL WISDOM (Turnitin similarity Index)

Abstract

This paper explores the consideration of opposite sides between the conception of intellectual rights in IPR law and in customary law, especially in Indonesian case. By using legal perspective approach, the study reveals that the majority of Indonesian people put emphasize on the spiritual and communal values in the ownership. Thus, the IPR law demanding for society to sacrifice mutual interests with individual interests is arguably not incompatible with these orientations. Spiritual and communal values also simultaneously reflect the values of Pancasila, that are the value of theism, humanism and socialism. This shows that the legal politics of IPR law development is still not consistent with the basic philosophy and ideals of the Indonesian philosophy of Pancasila. Therefore, it is necessary to reform the IPR legal system capable of accommodating the values of local wisdom of the communal and spiritual orientations as its base and also adopt global values that is honesty and respect for intellectual property so as to make the legal system of IPR more rooted of social life system. Key words: intellectual property rights, local wisdom, customary law, Indonesia.