Perlindungan Hukum Hak Kekayaan Intelektual Bagi Usaha Kecil di Bidang Industri Kerajinan Songket di Kabupaten Batu Bara

Abstract

Songket Batu Bara is a cultural heritage that must be preserved, not only due to its historical and traditional value but also because of its role in the social and economic life ofthe Malay community in Batu Bara. The issues addressedin this thesis are: how is the legal regulation under Law Number 28 of2014 concerning copyrights for Batu Bara songket motifs as expressions of traditional culture, what factors influence small and medium enterprise (SME) actors in the songket craft industry regarding the importance of intellectual property rights (IPR), and what efforts have been made by the Batu Bara Regency Government to protect small and medium enterprises in the songket craft industry in relation to intellectual property rights. This study is a juridical-empirical research, where data is obtained from primary, secondary, and tertiary legal materials. Data collection is done through literature study andfield study via interviews. Data analysis uses qualitative analysis. The results ofthe study conclude that Article 38 ofLaw No. 28 of2014 protects traditional cultural expressions, including Batu Bara songket motifs, as a cultural heritage passed down through generations. Copyrightfor this expression is not owned by individuals but is held by the state on behalfofthe indigenous community to protect the cultural heritagefrom exploitation and misuse. Battl Bara songket has high artistic and economic value, but SMEs, who play a major role in preserving this product, often face obstacles in understanding Intellectual Property Rights (IPR) due to a lack of education, high registration fees, and limited access to information. To protect and develop Batu Bara songket, the Battl Bara Regency Government has taken measures such as IG registration, cultural promotion, trainingfor artisans on design innovation and IPR registration, development of production centers, digitalization of motifs, supporting SMEs through capital assistance and market access, as well as partnerships with academics and private institutions aimed at preserving cultural heritage, enhancing competitiveness, and expanding the marketfor Batu Bara songket as a local leading product. It is recommended to conduct socialization and education about copyrightfor traditional cultural expressions to indigenous communities and songket business actors as a key to protecting the unique motifsfrom plagiarism. The government should increase IPR protection through training, mentoring, and collaboration with academics, the private sector, and indigenous communities for the sustainability and competitiveness ofthe industry.