PERLINDUNGAN TERHADAP PENGETAHUAN TRADISIONAL MASYARAKAT ATAS PEMANFAATAN SUMBER DAYA GENETIK (SDG)

Abstract

Indonesia is unquestionably one of the world’s top biodiversity, and genetic resources is part of the biological resources. Many Indonesian people, using their traditional knowledge, consumes genetic resources, both for their daily needs and also for economic or business activity. Problem remains is the absence of relevant provisions, which makes the local community or indigenous people who have those traditional knowledge is vulnerable from biosperacy threats. Applying a qualitative method, research conducted in Ende, East Nusa Tenggara and Jayapura, Papua, discussing the efforts of local government in protecting genetic resources and those traditional knowledge, which are not optimal. Through the Amending bill of Law No. 5 of 1990 on Conservation of Biological Resources and Ecosystems, the writer suggests that genetic resoures and traditional knowledge need to be consequently regulated. Protection of genetic resources and related traditional knowledge can be conducted by acknowledging intelllectual property rights (in the form of patent), with additional disclosure requirements in patent applications. This provision requires the government to make data collection and registration of traditional knowledge on genetic resources in society. In addition to this, it must acknowledge the existence of indigenous peoples or local communities with their traditional knowledge in local regulations.