Kamis, 03 Februari 2011

Presented to Complete my Final Project of Advanced Level (Foreign Language Development Institution 2011)


INDONESIAN CULTURE REQUIRES A PATENT TO OBTAIN INTERNATIONAL RECOGNITION

 
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

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