Strengthening Legal Legality of Local Culture Creative Works to Support Entrepreneurship in the Tourism Field

Copyright local culture, legality, entrepreneurship, tourism

Authors

  • Zulkifli Zulkifli
    zulkiflimakkawaru@yahoo.com
    Law Department, Bosowa University, Makassar, Indonesia
  • Andi Tira Law Department, Bosowa University, Makassar, Indonesia
  • Yulia Yulia Law Department, Bosowa University, Makassar, Indonesia
  • Muliati Muliati English Language Education Department, Bosowa University, Makassar, Indonesia
  • Baso Madiong Law Department, Bosowa University, Makassar, Indonesia
May 20, 2023

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Local cultural copyrighted assets have the potential to support entrepreneurship programs in the tourism sector because, in addition to being numerous and varied, they also have a close emotional relationship in the form of a sense of belonging to the supporting community. However, in practice, these copyrighted assets are problematic in terms of the legality of their ownership due to the weakness of the documents underlying the legal ownership relationship, so these local cultural assets often fall under foreign claims. Another problem is the legal institution that underlies it as an intellectual property right; there is an intersection of conceptions in the relationship between private ownership and communal ownership. This qualitative research uses an empirical normative legal approach by investigating written law as a new legal institution, examining legal principles regarding the applicability of law, studying article by article as a legal formality, and binding it as a force of legislation. The normative approach uses library research with secondary data sources, including conventions, laws, and regulations in Indonesia and journals on the legality of cultural copyright assets. While the empirical approach describes the enactment of the law regarding the legality of cultural copyright assets and analyzes the application of legal institutions regarding communal intellectual property in Makassar City. An empirical approach is used to explore data and information about the maintenance of the legality of cultural copyright assets, and the effects of legal weaknesses on the development of the tourism industry conducted through in-depth interviews with the Regional Office of Law and Human Rights of South Sulawesi, Makassar City Education, and Culture, distributing questionnaires to 100 respondents in Makassar City. The population determined is observers and actors of cultural arts activities in Makassar City. Each population has an equal opportunity to be selected as a sample, so by using a simple random sampling technique, the population is not sorted or stratified first. To determine the sample of informants to be interviewed, purposive sampling was carried out deliberately by the researcher based on certain criteria or considerations. The conclusion of the research shows that the confusion of conceptions can temporarily be overcome because it has been accommodated by Copyright legislation and has not shown any deviation between conceptions. Another conclusion is that the weakness of the legality of local cultural copyright ownership significantly affects the development of local culture-based tourism businesses.