PERLINDUNGAN HUKUM TERHADAP PEMANFAATAN SUMBER DAYA GENETIK DAN PENGETAHUAN TRADISIONAL

摘要

This study aims to identify and assess: (1) protection of the law against the use of genetic resources and traditional knowledge, (2) the position of the public in the use of genetic resources and traditional knowledge. This research is a normative law. The approach used in this study is a comparative law approach. The data used in this research is secondary data from primary and secondary legal materials. The methods of data collection in this research is the study of literature. Data analysis in this research is processed systematically by making the classification of the data collected both primary data and secondary data. The process of analysis of secondary sources (primary and secondary law) is a descriptive, legal interpretation, qualitative analysis, and conclusion. The secondary law that support the analysis described research problems presented by stating the basic argument. The results show that the forms of legal protection against the use of genetic resources and traditional knowledge in the Nagoya Protocol is a form of recognition of the foundation of the utilization of genetic resources and traditional knowledge for the parties. This recognition is associated with authorized access and equitable sharing of benefits of the utilization of genetic resources and traditional knowledge. Equitable sharing of benefits is then implemented in a Mutually Agreed Terms. The Nagoya Protocol recognizes the position of indigenous peoples in the utilization of genetic resources and traditional knowledge, i.e their participation in the granting of licenses for access to genetic resources and traditional knowledge (Prior Informed Consent) and rights related to equitable sharing of benefits. The Nagoya Protocol does not explicitly provide the settings on ways for the people to retain the rights. Equitable sharing of benefits based on a contractual relationship, so in this case the role of government as a subject of international treaty law becomes very important to guarantee the rights of indigenous peoples in terms of utilization of genetic resources and traditional knowledge.