Perlindungan Hukum Ekspresi Kreatif Manusia: Telaah terhadap Perlindungan Hak Kekayaan Intelektual dan Ekspresi Budaya Tradisional

Abstract

The discourse on the protection of the intellectual property rights (HKI) and the expression of traditional culture, is actually a discourse on the legal protection towards  the expression of human’s creativity.  Both  of the intellectual property rights (HKI) and the expression of traditional culture are  a form of the expression of human’s creativity, with only the difference between them is in the novelty. It is understood therefore, that there is dialectical relation between them on the legal protection towards  the expression of human’s creativity. In such dialectical relation, the legal protection should also be addressed  to the traditional culture, not merely on nowadays human creativity.