Philosophical Values of Pancasila on the Intellectual Property Rights Regulation in Indonesia

Abstract

Legal pluralism applied in Indonesia is expected to be able to build its own national law system based on the custom and cultures characteristics as a reflection of Indonesian nation’s soul (volkgeist). Indonesia custom and cultures adhered to the view of property acknowledgement, and also had social function. Intellectual Property Rights (IPR) is a part of property rights which had individual characteristic to monopolize proprietorship rights of intellectual works. IPR regime characteristic is completely different from Indonesia’s nation characteristic, which made Pancasila as life philosophy and nation’s ideology by prioritizing the balance between rights and social function. The type of research used in this study is legal normative research, with legal approach, conceptual approach and philosophical approach. As Indonesia’s philosophy of life, Pancasila contained the values of nation’s soul and legal ideals of Indonesia. As the legal ideals of Indonesia as well as staatsfundamentalnorm on the legislation hierarchy, the basic values of Pancasila must underlie and animate IPR legal development in Indonesia. Divine value, human value, unity value, deliberation value and social justice value are basic values that should animate the development of legal IPR in Indonesia.

Keywords: IPR, Staatsfundamentalnorm, Pancasila, Social Function

DOI: 10.7176/JLPG/113-04

Publication date:September 30^th 2021