Batik Benang Bintik Indonesia Copyright: Protection of Intellectual Property Rights in the Perspective of Islamic Law and Positive Law

Abstract

The cultural asset of batik benang bintik, which is full of regional uniqueness, aesthetics, and economic value, is vulnerable to copyright infringement. Protection of Intellectual Property Rights over batik benang bintik is very important as a preventive measure from the occurrence of mutual claims that have the potential to lead to conflict and tension. This research aims to examine how the protection of intellectual property rights against the copyright of Batik Benang Bintik is in the perspective of Indonesian Positive Law and Islamic Law. This type of research is normative juridical. The data source is the source of primary legal materials, secondary legal materials, and is corroborated by interviewing sources. Legal protection for freckled batik is provided by the Central Kalimantan Province Culture and Tourism Office, namely Law Number 28 of 2014 concerning Copyright as the basis for legal protection of batik benang bintik which is regulated in article 38. In an Islamic perspective, copyright is recognized as one of the rights of ownership. assets so that ownership is protected as well as protection of property. This is based on QS: Al-Baqarah 188, An-Nisa 29, the attitude of person should not take a statement carelessly without mentioning the source. Protection of Batik Benang Bintik if claims by other countries: 1) The perspective of criminal law based on Law Number 28 of 2014 concerning Copyright is contained in article 112 to article 119; 2) The perspective of civil law is contained in TRIPS, as regulated in Law Number 28 of 2014 concerning Copyright in article 106 to 109.