ACKNOWLEDGEMENT
Allah
is ever most high, most great. I believe Allah has given me His Benevolence and
Devine blessings that have permitted me to work on this final project. I do not
forget to thank to Mr. Haris Firdaus, Ap. S.Kom, as my advisor who has made
time for guiding me to accomplish this final project.
I’m also grateful to all teachers
exactly Mr. Ernawiyadi Munsy, S.Ag as the Director of Foreign Language
Development Institute (FLDI) Nurul Jadid, for giving me attention and support.
Henceforth, I would like to share my happiness and proud to each of the
following persons:
- My dearest parents and brother for their pray.
- My lovely nine sisters for their amazing support and motivation.
- My respectable teachers of SMA Nurul Jadid, who give their spare time to discuss over this final project with me.
- Librarian of SMA Nurul Jadid, who serves me with the books I need.
I realize this final project is far
for being perfect. Therefore, I expect criticism and suggestion. I wish this
final project could give more information to the students of FLDI Nurul Jadid
and readers.
Paiton,
Probolinggo
Laili
Nurilliya
ABSTRACTION
Indonesian
culture has spread to all Indonesian territories since many centuries before
the mobility. It is shaped by long interaction between original indigenous
customs and multiple foreign influence include knowledge, belief, art, morals,
custom, and other capabilities and habits acquired by the society. The
statement above really shows Indonesian image as the home of various cultures
in the side of people of the world.
On
the other hand, Indonesian various cultures tend to evoke Indonesia obtains
some claims from another state toward Indonesian cultural properties. Those
claims can impact Indonesia
to lose some of its cultural properties. Therefore, as the prevention of this
case, Indonesian government must adopt a policy to patent Indonesian cultures
to the United Nation Educational, Scientific, and Cultural Organization
(UNESCO).
Generally,
patent is a certification granted by government to recognize a certain object
is new and beneficial. In the application of patent, the object must have a
detail analysis of data to differ with other objects. By this way, the claim of
Indonesian culture is prevented and it can get the international recognition
In
her study, the writer intends to study about the main problem evokes the claim
toward Indonesian culture and the initiative of Indonesian government to obtain
the international recognition by patenting Indonesian culture to the UNESCO.
The
writer believes that it is very important for Indonesian culture to be patented
in order to obtain international recognition and prevent the claim from another
state.
CHAPTER
I
INTRODUCTION
1.1 Background
of the study
“Indonesia
is the home of various cultures”[1],
this statement has tended to show that Indonesian cultures have spread to all
Indonesian territories since many centuries before the globalization. It has
been shaped by long interaction between original indigenous customs and
multiple foreign influences. In general, culture is complex whole which
includes knowledge, belief, art, morals, custom, and other capabilities and
habits acquired by person as a member of society.
Based on geographical position and various cultures,
Indonesia
is becoming the object of intense competition among some states[2].
This case really impact Indonesia
to obtain some claims from another state toward Indonesian cultures. Generally,
this case also evokes Indonesian cultural properties to be legalized by other
states as their cultural heritage.
As the government initiative, they must adopt a
policy to avoid the claim and legalization from other states by applying
cultural patent on Indonesian cultures. This cultural patent is applied by the
world cultural organization that is United Nation Educational, Scientific, and
Cultural Organization (UNESCO). Generally, patent means the certification
granted by government to recognize a certain object is new and beneficial. In
the application of patent, the certain object of patent must have a detail
analysis of data to differ with other objects. It also can be applied as the
ownership right and international recognition toward the object of the patent.
According to the Minister of Cultural and Tourism of
Indonesia, Ir. Jero Wacik, SE, Indonesian culture really requires a patent to
obtain international recognition. It may also help Indonesia to have ownership right
toward Indonesian cultural heritage to avoid the claim from other states.
In this study, the writer intends to study about the
main problem evokes the claim toward Indonesian culture and the initiative of
Indonesian government to obtain international recognition by patenting
Indonesian culture to the UNESCO.
1.2 Problem
of the study
Based on the background of the study described
previously, the problem could be formulated as follow:
1. How
does Indonesian culture obtain international recognition?
2. Why
should Indonesian culture be patented?
3. How
does UNESCO patent Indonesian culture?
1.3 Purpose
of the study
Based
on the problem of the study, the major purposes of the study was in the term
of:
1. The
initiative of Indonesia
government to Indonesian culture for obtaining international recognition.
2. The
advantages of Indonesian cultural patent.
3. The
process to patent Indonesian culture.
1.4 Scope
of the study
In
this study, the writer intends to discuss about the Indonesian culture which
requires a patent. It boils down to a requirement for obtaining the
international recognition and other certain things related to cultural patent,
such as patent factors, patent process, patent requirement, and its advantages
for Indonesian cultures.
CHAPTER
II
REVIEW
OF LITERATURE
2.1 Definition of
Indonesian Culture
Indonesia
is an archipelago country which consists of many cultures in it. It shelters
from Indonesian obligation to learn and understand about the Indonesian
cultures in behalf of loving them as well. Therefore, Indonesian culture is
defined into two different contexts of definition, including:
2.1.1 Indonesian
Culture as the Symbol of Unity In Diversity
Indonesian
culture is the symbol of Unity in Diversity[3].
It shows the world that cultural diversity does not impact Indonesian to
oppress one another. As the proof, all Indonesian territories have some
differences of the culture, but in fact one culture community respect others.
On the top of that, Indonesian cultures influence one another to create a new
culture. It is also supported by the differences of society’s population,
social group, and even the geographical condition, such as mountain range,
forest’s edge, coast, and many others.
The historical proof that Indonesian
culture can influence and complete each other is existed in the Indonesian bill
of low of 1994 in the 32nd addendum. It explains that Indonesian
culture is the top of some local cultures in Indonesian territories. Therefore,
Indonesian government tends to develop Indonesian’s awareness to be a
multicultural society. By this way, Indonesians come to think that Indonesian
cultural diversity is their obligation to keep.
2.1.2
Indonesian Culture as the Masterpiece of Indonesian
Indonesia is considered as the best
cultural country by almost all people in the world. All cultures of Indonesia are insisting
on the traditional habit and paradigm of the society. Therefore, Indonesian
culture is called as the masterpiece of Indonesian[4].
Besides, it is shaped by the habits and some capabilities acquired by
Indonesian. It is proven in some historical book of Indonesia that Indonesians are
having an important role to create Indonesian cultures. As the example is
Borobudur temple in Central Java that was
built by King Samaratungga and finished by Bala Putera Dewa. This temple was
becoming the central of cultural activities in its era, and now it is becoming
one of seven wonder of the world.
2.1.3
Indonesian Culture as the Historical Identity of Indonesia
Basically, Indonesian forefather has
rendered Indonesian some cultural properties. Those are shaped by their past
habit and haired to the young generation. Therefore, people are having some
assumption of Indonesian culture as the Indonesian historical identity. To rely
on this statement, the majority of Indonesian’s histories are related to some
cultural properties, such as traditional dress, food, and habit of Indonesian
old kingdoms. Moreover it has been proven that 78% of Indonesian histories are
related to Indonesian cultural properties[5].
2.2
Shapes of Indonesian Cultures[6]
Cultural
diversity is a special gift from the forefather to Indonesian young generation.
It must be known by all Indonesians in all Indonesian territories.
Unfortunately, most of Indonesians are not able to know about their cultures.
It may be caused by their misunderstanding toward the shapes of Indonesian
culture. They come to think that Indonesian cultural properties are just an
evident work of art. Whereas, Indonesian cultural properties are linking to
three shapes of culture, those are:
2.2.1
Cultural Idea
Cultural idea is the shape of culture
consists of the educational symbol used by the society to understand and
interpret their environment. This shape of culture is vague and related to the
society’s paradigm, such as social norms, belief, moral, etc. those kinds of
cultural idea are normally used as the shape of the Indonesian cultural value.
Referring to that statement, cultural idea is being the basic of other shapes
of Indonesian culture; it mirrors the value of the culture. As its specimen is
the use of Batik. Most of Indonesians believe Batik gives some advantages for
people who wear. They believe it helps people to have good behavior and luck in
the future. Therefore, this belief also mirrors the value of Batik itself.
2.2.2
Cultural Activity
Cultural activity is the second shape
of culture related to society’s behavior, social interaction, cultural ritual,
and many others. This cultural shape mirrors that the culture has been existed
for a long period. Normally, it is used by the society to practice their
cultural idea. The majority of Indonesian cultures are identical with cultural
activity, such ceremonial. Almost all Indonesian territories are doing a
cultural ceremony as the symbol of their culture’s existence. As what has been
commonly happened in Indonesian territories that is Sumatera. The societies are
having their cultural ceremony to reminisce about Indonesian old kingdom. In
the ceremony, they apply a martial art as the symbol of their last king
struggle to protect the kingdom from the enemies.
2.2.3
Cultural Creation
Basically, people assume that cultural
creation is an evident work of art. It is the shape of cultural product that
can be touched and seen such as, traditional food, house, temple, statue,
painting, etc. Normally, cultural creation is shaped by the existence of
cultural idea and activity. To rely on that, cultural activity adopts the
cultural idea to create the cultural creation. Mostly, Indonesian cultural
creation was made before the 19th century. As the specimen is the
existence of traditional visual art such painting. Before the 19th
century, Indonesians had created some paintings to tell about their life. They
were mostly considered as a religious and spiritual activity because they
believe that painting is the symbol to honor the spirits and deities. This
specimen has proven that cultural idea and activity are really taking a part on
the processing to create the Indonesian cultural creations.
2.3
Indonesian Cultural patent[7]
During
several years, Indonesian cultures are initiated to be patented by Indonesian
government to the UNESCO. It may be caused by some claims happened to
Indonesian culture. Therefore, the government worries to lose Indonesian
culture. In general, Indonesian cultural patent is the way to legalize the
culture to obtain international recognition. It is applied by UNESCO as the
world cultural organization. Besides, it can proof the world that the culture
is correctly Indonesia’s.
Therefore, other states can not claim the Indonesian cultures as their cultural
heritage.
2.4
Indonesian Cultural Patent Requirement[8]
Several
ways are adopted by Indonesian government to avoid the claim from another state
toward Indonesian culture, including cultural patent. This way is the best
legalization of Indonesian culture to solve some problems happened. Referring
to that, Indonesian government must complete some requirement asked by UNESCO,
including:
1. Historical
proof.
2. Detail
cultural shape.
3. Indonesian
inclusion in perpetuating the culture.
CHAPTER
III
DISCUSSION
3.1 The
Initiative of Indonesian Government to Indonesian Culture for Obtaining
International Recognition[9]
Indonesian
governments are in the top of country’s management to protect all aspects of
Indonesian properties. Referring to that statement, Indonesian government has an
important obligation and role to protect Indonesian cultural properties. They
must pay attention to the international recognition of Indonesian culture to
get advantages for Indonesia.
In this context, it can be the solution for some problems happen to Indonesian
cultures. To insist on a good policy, cultural patent must be adopted as the
step to get the international recognition. Therefore, during several years,
Indonesian government has an initiative to patent Indonesian culture to the
United Nation Educational, scientific, and Cultural Organization (UNESCO). This
cultural patent is hoped to be the prevention of some problems happen to
Indonesian culture and give some advantages for it.
3.2
The Advantages of Indonesian Cultural Patent[10]
Indonesian
cultural patent may give some advantages for Indonesian culture. As the proof,
it may prevent Indonesian cultures to be claimed by another state, because
Indonesian culture has been legalized by UNESCO. Besides, Indonesian cultural
patent can also be the symbol of cultural ownership. Therefore, another state
can not claim the culture. According to Jero wacik as the Minister of Cultural
and Tourism of Indonesia, cultural patent really helps Indonesia to
promote its culture as the world cultural heritage. It can be promoted by some
mass Medias over the world. In behalf of this cultural promotion, Indonesian
tourism can get much profit, because it brings a good foreign exchange.
3.3
The Process to Patent Indonesian Culture[11]
Recently,
some of Indonesian cultures had ever been claimed by Malaysia as its cultural heritage. This
case evokes Indonesian government to take an interest in cultural patent to
obtain international recognition. A cultural patent is applied by UNESCO to
protect and legalize an object of cultural heritage. It is being the best way
for Indonesian culture to obtain international recognition.
Nowadays, some of Indonesian
cultures have been patented by UNESCO as world cultural heritage. It is really
great achievement for Indonesia
after a long process to have a cultural patent from UNESCO. The process
includes:
3.3.1
Registration to UNESCO
Indonesian
government has to register the culture to the UNESCO as the object of cultural
patent. In this step, Indonesian government must fill the nomination form that
has been provided by UNESCO. It does not include all the cultural data but the
country’s and culture’s name.
3.3.2
Formation of Indonesian Cultural Work Team
Indonesian
work team is formed by the government after the registration the culture to the
UNESCO. This team must document all the data related to the object of cultural
patent. To comply on this documentation, they must observe all Indonesian
territories to know the historical construction connected with the culture.
Normally, this observation takes a long time, because it really needs a
meticulousness to complete the data. In behalf of the data’s completeness, the
team has to get meeting after the observation. Subsequently, the data are given
to Indonesian government to be submitted to UNESCO as the requirement of
cultural patent.
3.3.3
Formation of Indonesian Cultural Actor Community
Coincide
with the submitting of cultural data, Indonesian government must form an
Indonesian cultural actor community. It is being the second requirement of cultural
patent that must be fulfilled. Besides, it secures Indonesians to perpetuate
the culture up to the future.
3.3.4
Cultural Observation from the UNESCO’s Verification Team
UNESCO’s
verification team consists of six different countries. They are chosen to
delegate an appropriate and credible counterpart. This team is used to get more
observation and proof of the data given by Indonesia. Referring to this
observation, they must observe all countries over the world to ascertain the
culture is not similar or existed in other countries. Therefore, it takes about
two or three years to be done.
3.3.5
Verification Meeting from UNESCO
Verification
meeting is done after obtaining the result of the cultural observation from
UNESCO’s verification team. This meeting includes the verification team that
consists of six countries’ delegation. Besides, it will be continued by next
verification meeting with 24 countries delegation. In this meeting, the Indonesia
culture that has passed the first meeting will be tested. For a moment, the
culture would be legalized as the world cultural heritage if it could pass the
test from the 24 countries.
CHAPTER IV
CLOSING
4.1
Conclusion
In
the previous chapter, the writer discuss thoroughly about Indonesian cultural
patent to get international recognition. Referring to that discussion, the
writer would like to make some conclusions related to her study, as follow:
1. During
several years, Indonesian government has an initiative to adopt a policy for
patenting Indonesian cultures. This cultural patent is applied by UNESCO to
prevent some claims happen to Indonesian cultures.
2. Some
cultural claims happen in Indonesia
may be caused by Indonesian cultural heritage does not have a legalization from
UNESCO. Therefore, Indonesian government decides to patent Indonesian culture
to get some advantages, such as preventing cultural claim, having an ownership
right, promoting Indonesian culture to get much profit.
3. Indonesian culture needs a long time to be
patented by UNESCO. It may be caused by the long process of cultural patent,
those are registration to the UNESCO, formation of Indonesian cultural work
team, formation of Indonesian cultural actor community, observation from the
UNESCO’s verification team, and the last is verification meeting. Those long processes
spend about three till four years to be done.
4.2
Suggestion
Indonesian
government must adopt a policy for patenting Indonesian cultures to require
international recognition. To insist on that policy, Indonesians must tend to
keep and perpetuate Indonesian culture whether it is patented or not. Therefore,
it can be a good cooperation between the government and the society to prevent
some problems happen on the culture.
BIBLIOGRAPHY
Hidayat M, Burhan.
2000. Pengetahuan Indonesia Mandiri. Surakarta: Pustaka Satu
Adipura,
Mohammad.2003. Budaya. Surabaya:
Tirta Jati
Soemantry,
Hilda.2003. Indonesian Heritage. Solo: Indo Book
Noeh,
Joko Panulu.2000. Inside Indonesia.
Solo: Nasionalisme
Sucipto, Sugiono.2009. Drama
Budaya Indonesia.
Jakarta: Mutiara
Jaya
Sudarwo,
Hary.2009. Indonesia
Pertiwi. Jakarta: Djakarta
Djaya
[1] Hidayat M. Burhan, Pengetahuan Indonesia Mandiri.(Surakarta, Pustaka Satu,2000), page 11
[2] Mohammad Adipura, Budaya.(Surabaya:Tirta Jati,2003),page
90
[3] Hilda Soemantry,Indonesian Heritage.(Solo:Indo
Book,2003),page 8
[4] Joko Panulu Noeh,Inside Indonesia.(Solo:Nasionalisme,2000)page
12-13
[5] Ibid
[6] Mohammad Adipura, Budaya.(Surabaya:Tirta Jati,2003),page
58-60
[7] Sugiono Sucipto,Drama Budaya Indonesia.(Jakarta:Mutiara Jaya,2009)page
5-6
[8] Ibid
[9] Hary Sudarwo,Indonesia Pertiwi.(Jakarta, Djakarta
Djaya,2009),page 112
[10] Ibid
[11] Ibid
Great..!
BalasHapusThank you.. :)
Hapus