Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)

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Cultural Heritage: Belongs to Indigenous People or The State?

Authors
Lesly Saviera1, *, Khairuna Malik Hasibuan1, Khairunnisa Ginting1, Faradila Yulistari Sitepu1
1Faculty of Law, Universitas Sumatera Utara, Medan, Indonesia
*Corresponding author. Email: lesly@usu.ac.id
Corresponding Author
Lesly Saviera
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-366-5_58How to use a DOI?
Keywords
Indigenous people; cultural heritage; legal protection
Abstract

This article discusses the legal protection of cultural heritage ownership and the fulfillment of indigenous peoples’ exclusive rights to Traditional Cultural Expressions. Through a juridical review, this article explores the role of national and international law in protecting indigenous peoples’ rights to cultural heritage. The protection of cultural heritage is the responsibility of the state, as stated in Article 38, paragraph (1) of Law Number 28 of 2014 concerning Copyright. Still, the state must also respect the rights of indigenous peoples as the owners of the exclusive rights of these cultural products. This is stipulated in the United Nations Declaration on the Rights of Indigenous Peoples, which states that the world government protects and guarantees customary law communities, including history, language, tradition, oral, writing systems, philosophy, and literature owned by customary law communities.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-366-5
ISSN
2352-5398
DOI
10.2991/978-2-38476-366-5_58How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Lesly Saviera
AU  - Khairuna Malik Hasibuan
AU  - Khairunnisa Ginting
AU  - Faradila Yulistari Sitepu
PY  - 2025
DA  - 2025/02/28
TI  - Cultural Heritage: Belongs to Indigenous People or The State?
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 608
EP  - 615
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_58
DO  - 10.2991/978-2-38476-366-5_58
ID  - Saviera2025
ER  -