Legal Protection of Indonesian Traditional Foods from the Perspective of Geographical Indications

Abstract

Culture in society produces creations that become the identity of each region in the country. However, with the development of the times and the ease of accessing information, one of them is traditional food, authentic food which continues to be preserved by indigenous peoples or indigenous cultures such as traditional food which is easily exploited not only by the indigenous people who preserve it but also other parties. This paper examines how traditional food can be recognized as an intellectual work and its legal protection so that its identity can be recognized. This research uses the type of normative juridical research. This normative legal research is based on primary and secondary legal materials, namely the research approach using a conceptual approach and statutory approach. The results of this study are that traditional food is said to be traditional knowledge having several elements 1. Traditional food recipes are obtained from generation to generation, 2. Traditional food has been consumed gradually by the community for a long time, 3. Traditional food was born and developed in certain areas and can be the identity of the area, 4. Process of food processing which still tends to use traditional methods, 5. Not infrequently traditional food has a meaning or meaning and becomes one and 6. It is unclear the ownership of food recipes, but the ownership is communal.