Fadjar Ramdhani Setyawan, Sudarsono, Yuliati
Indonesia is a country that has a pluralistic culture. The original cultural diversity of the Indonesian nation needs to be guaranteed and protected by law that is in line with the ideals of the law. This study aims to describe the legal protection of traditional cultural expressions in Indonesia and their conformity with the teachings of legal ideals (idee das recht). This article is based on doctrinal law research with a statutory approach and a conceptual approach. The results of this study indicate that the teachings of legal ideals require that a regulation must be able to provide guarantees of legal certainty, justice, and expediency. The regulation of the protection of traditional cultural expressions is not in accordance with the teachings of legal ideals. Legal justice cannot be achieved because there is still no clear identification process for the custodian. The government needs to immediately revise Law no. 5 of 2017 concerning the Advancement of Culture. © 2021, Maulana Malik Ibrahim State Islamic University of Malang. All rights reserved.
Universitas Brawijaya, Indonesia
