In 2nd of October 2009, UNESCO confirmed Indonesian Batik as the Masterpiece of the Oral and Intangible Heritage of Humanity. Since then, the 2nd of October has set as International Batik Day.

According to the Decision 4.COM 13.44 The Committee decides that Indonesian Batik satisfies the criteria for inscription on the Representative List of the Intangible Cultural Heritage of Humanity, as follows:

• R.1: Indonesian Batik has a rich symbolism related to social status, local community, nature, history and cultural heritage; provides Indonesian people with a sense of identity and continuity as an essential component of their life from birth to death; and continues to evolve without losing its traditional meaning;
• R.2: Inscription on the Representative List would contribute to ensuring the visibility of intangible cultural heritage at the local, national and international levels, raising awareness about its value and motivating practitioners, in particular younger generations, to continue its practice;
• R.3: Various actors such as governmental and non-governmental institutions and community-based associations have jointly carried out safeguarding measures including awareness-raising, capacity-building and educational activities, and intend to continue these efforts;
• R.4: The communities concerned were widely involved in the nomination process through field research in the communities; they also participated in the file preparation team and in a series of seminars to discuss the file contents, and provided their free, prior and informed consent;
• R.5: The element is inscribed on the inventory of cultural elements maintained by the Department of Culture and Tourism.

The history of creation of batik was originally a "creation" of Indonesian people which are prepared conventionally. Creation is the result of any work of creators who show originality in the field of science, art, or literature. The copyrighted works of legal protection because it has an artistic value, both in motifs, images, color and composition. According to the terminology, batik is an image generated by using a canting or wax like substance as the inclusion of the color barrier.

Batik as the nation's cultural heritage is seen as a form of traditional knowledge and traditional cultural expressions of the local Indonesian community, both in the form of technology-based traditions and cultural expressions such as music, dance, painting or other art, architecture, weaving, batik, stories, and legends. Indonesian society in general, traditional knowledge and expressions of culture are an integral part of the social life of the community. Some important events in human life in particular communities, often characterized by the expression of art, containing both sacred and profane dimensions. For example, the use of certain batik cloth for certain ceremonies in Keraton Yogyakarta or Surakarta.

Indonesia as one of the country consists of various tribes and very rich in tradition and cultural diversity, Indonesia certainly has a vested interest in the legal protection of traditional indigenous intellectual property. However, because of the legal protection of traditional indigenous intellectual property remains weak, the potential of Indonesia is actually more widely used by the foreigners illegally. This is caused by a lack of awareness of the Republic of Indonesia in this regard the Government of Indonesia as the holder of copyright to the traditional art of batik not utilize and implement the Copyright Act that has existed since 1982 to 2002 which aims to prevent the use / utilization of cultural Indonesian traditional batik art in particular traditionally done by the foreigners. For violation of batik art is done in the home country are rarely resolved through legal channels, let alone to act on violations committed by the foreigners. For example, have taken one of the motives and admitted "Parang" (which means the Machete) in Indonesia by Malaysian motifs " Parang" Malaysia is recognised as belonging to this form of motive " Parang Barong " that have been modified , in the case of the Indonesian government is less responsive and just let the action the . No effort is made to resolve legal problems, both by governments and representatives of the Indonesian people. Though the action is clearly detrimental to the Indonesian people in general and Yogyakarta – Solo people in particular as where the motif "Parang" is developed.

Indonesian traditional intellectual property in a dilemma. On one hand vulnerable to the claims by other countries, on the other hand the same traditional intellectual property registration only eliminate cultural and historical values that gave it birth, and replace it with individualism and liberalism. Obscurity for the rights of batik art Copyright holders, current registration system is also a supporting factor has not exploited Copyright registration by the creators of the art of batik. Copyright registration system that is currently in effect is a declarative nature, and not constitutive. This means that the registration of such rights is not a necessity, but only suggestions that are free and not pushy. Another factor is the high cost incurred by the applicants in particular copyright batik makers. Though not all are batik entrepreneurs have sufficient capital. The duty and obligation of the government through the Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights of the Republic of Indonesia to provide solutions to these problems. Though not as big as other industrial products, but judicial historically batik art is a traditional culture of Indonesia that needs to be preserved and protected. Through these efforts are expected to piracy will not occur again either by the Indonesian people themselves and by the entrepreneurs of the other countries, such as Malaysia, which has had Copyright for traditional batik which actually belongs to the Indonesian nation.

Source : UNESCO, Wikipedia, pusdiklat.law.uii.ac.id

Legal Analysis

As a traditional knowledge which is hereditary, then the art of batik Copyright must be protected as mandated by Article 10 paragraph (2) of Act No. 19 of 2002 on Copyright that "the State holds the copyright on folklore and folk culture results that belong together, such as a story, tale, fable, legend, chronicle, songs, crafts, choreography, dance, calligraphy, and other works of art." In explanation of the above article is a collection of folklore is a traditional creation, whether made by groups and individuals in society, which shows the social and cultural identity based on the standards and values of the spoken or followed from generation to generation, including among other artworks such as paintings, drawings, carvings, sculptures, mosaics, jewelry, crafts, clothing, musical instruments and traditional weaving.

Further stated in Article 12 paragraph (1) of Act No. 19 of 2002 concerning Copyright of the Scope of Copyright, namely: "In this Act are protected Creation Creation in science, art, and literature, which includes:

1. books, computer programs, pamphlets, typographical arrangement (layout) of a published work, and all other written works;
2. lectures, lectures, speeches, and other similar creations with it;
3. props made for the purposes of education and science;
4. song or music with or without text;
5. drama, musical dramas, dance, choreography, puppetry and pantomime;
6. art in all forms such as painting, drawing, sculpture, calligraphy, sculpture, sculpture, collage, and applied arts;
7. architecture;
8. map;
9. batik art;
10. photography;
11. cinematography;
12. translations, interpretations, adaptations, anthologies, databases, and other works of the result from adaptations."

In part the explanation of Article 12 paragraph (1) of Act No. 19 of 2002 on Copyright elaborated more about Batik and protection grounds as part of copyright as follows: "Batik is made conventionally protected under this Act as a form of its own creation . Such works be protected because it has artistic value, both in creation and composition motif or color images. Equated with the notion of art is the work of other traditional batik which is the wealth of the Indonesian people who are located in different regions, such as the art of songket, ikat, and others that are currently being developed. "

Although the purpose of Article 10 is intended specifically to protect indigenous cultures, it would be difficult (perhaps impossible) for traditional communities to use to protect their works based on several reasons, namely:

1. Position of section 10 if the application is not yet clear the Copyright Act in regard to force other articles in the aforementioned Act. For example, what if a folklore which is protected under Article 10 paragraph (2) is not original as required by Article 1 Paragraph (3)? The law does not clarify whether this kind of folklore for copyright protection even though it is classified as folklore creatures whose authenticity is difficult to find or prove.
2. Ethnic tribes or a traditional society is only entitled to pursue actions against foreigners who exploit traditional works without permission of the creator of the work traditionally, through state cq. relevant agencies.