An Overview of Legal Measures to Prevent and Protect Unreasonably the Use of Traditional Medicine in Indonesia

Abstract

Objective: Indonesia, safeguarding traditional medicinal knowledge is paramount, offering cultural, social, and economic dividends. In Indonesia, the legal status of herbal plants and their processed derivatives remains ambiguous. The inherent nature of traditional knowledge, passed down through generations with often unknown origins, contrasts starkly with patent prerequisites. Thus, it is imperative to preempt and address the unwarranted exploitation of Indonesia's traditional medicinal knowledge through strengthened legal measures.   Method: This study employs a normative legal research methodology, focusing on the examination of positive law through literature review. Normative legal research typically relies on library materials or secondary legal materials as primary sources.   Result: Traditional knowledge, deeply embedded in Indonesia's cultural fabric, finds its protection lacking within the current Intellectual Property Rights (IPR) framework. International agreements, like the Convention on Biological Diversity, underscore the significance of safeguarding such knowledge, yet Indonesia's first-to-file patent system often falls short. There's an urgent need for robust regulations to prevent misuse and ensure this invaluable knowledge remains preserved for future generations.   Conclussion: Traditional knowledge represents more than just practices and beliefs; it is an invaluable national treasure for Indonesia.