HAK KOMUNAL MASYARAKAT ASLI ATAS EKSPRESI BUDAYA TRADISIONAL

Not only in Indonesian Constitution 1945, but also in other regulations have acknowledged the existence of the rights of indigenous peoples. Internationally, the rights of indigenous peoples is expressly recognized in the CBD and UNDRIP. In fact, indigenous peoples have faced as vulnerable group when linked to the protection and fulfillment of human rights. Their traditional cultural expressions (TCEs) have become one of remarkable misappropriation and improper use. Actually, the TCEs constitute the intellectual property rights of indigenous communal property. This article examines the communal rights of indigenous peoples including TCEs in legal policies in Indonesia