Bantul Krebet Wooden Batik Crafts as a Local Potential Area in a Study

of Intellectual Property Rights: Juridicial and Economic Insight

Dyah Permata Budi Asri

, Siti Rochmah Ika

, Sunarya Raharja

and Putri Ayu Clarita

Faculty of Law Janabadra University, Jalan Tentara Rakyat Mataram 55-57 Yogyakarta 55231 Indonesia

Departement of Accounting, Janabadra University, Jalan Tentara Rakyat Mataram 55-57 Yogyakarta 55231 Indonesia

Keywords:

Krebet Wood Batik, Local Potential, Intellectual Property Rights, Copyrights, Legal Protection.

Abstract:

This study aims to analyze the existence of the typical Krebet wood batik as a Local Area Potential where it

is reviewed by conducting judicial and economic reviews. This research is empirical juridical research with

descriptive analysis method by taking empirical data in Krebet Village, Bantul Regency, Special Province of

Yogyakarta. The results of this study indicate that there are local potentials in Krebet Bantul, namely Krebet

Wooden Batik which is an intellectual work of craftsmen in Krebet, where there is a distinctive characteristic

of Krebet wood batik motifs, which has the potential to apply for copyright registration on the wooden batik

motif. So far, legally the Krebet wooden batik has not been touched by IPR protection and the level of public

awareness in Krebet is very low to understand IPR due to various factors, namely education, community cul-

ture, bureaucracy and IPR registration fees and others. However, IPR assistance has been carried out so that

there has been a Certiﬁcate of Recording 2 (two) batik motifs, namely Colorful Batik Motifs and Red Black

Grompol Batik Motifs. From the economic aspect, registration of IPR has beneﬁts for the community, espe-

cially the craftsmen community, to utilize their economic rights from the existence of these legal protections.

With the existence of legal protection, it will be possible for other parties who do not have the right to take

economic beneﬁts, thus the creator can make maximum use of the economic beneﬁts of the product of his

work, either for his own use or transferred to other parties.

1 INTRODUCTION

Indonesia is an archipelago that has a diversity and

richness of art, culture, ethnicity, nation, and religion,

where diversity will provide a distinct identity for the

regions in Indonesia. One of the diversity of Indone-

sian arts and culture is batik,which in all corners of the

world has its own motives in accordance with the dis-

tinctive characteristics of each region. Krebet Bantul

area is the area of the Wood Batik Craft Center, where

most of the people have a livelihood as wood batik

craftsmen known as Krebet Wood Batik. Krebet wood

batik is a craft product that is produced from the intel-

lectual abilities of humans that produce a craft prod-

uct with a variety of variations, motifs and types. As

a result of Intellectual Property originating from hu-

man intellectual capabilities through creativity, taste

and caress, of course the product has a very economic

value that will beneﬁt the creator .

A distinctive feature of Intellectual Property

Rights hereinafter abbreviated as IPR is that this right

is a private right, so that someone is free to submit

an application or register his intellectual work or not.

Exclusive rights granted by the state to individual IPR

actors (inventor, creator, designer, etc.) are nothing

but intended to reward the work / creativity and so

that other people are aroused to be able to further de-

velop it, so that the IPR system is determined by the

public interest market mechanism. Intellectual prop-

erty (IP) is the original creation of the human intelli-

gence such as artistic, literary, technical, or scientiﬁc

creation. Intellectual rights (from the French ”droits

intellectuels”) Intellectual property rights (IPR) to the

inventor or creator to protect the creation of a cer-

tain period of time (Chopra and Kumar, 2014). The

IPR system also requires a good documentation sys-

tem for all forms of human creativity, so that the pos-

sibility of producing the same technology or other

works can be avoided or prevented. With this good

documentation, it is expected that the community can

make maximum use of it or develop it further to pro-

vide higher added value. IPR also provides protection

against economic interests from the ﬁndings or works

of inventors or creators. Legal protection aims to pro-

Asri, D., Ika, S. and Raharja, S.

Bantul KrebetWooden Batik Crafts as a Local Potential Area in a Study of Intellectual Property Rights: Juridicial and Economic Insight.

DOI: 10.5220/0009877900580063

In Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences (ICASESS 2019), pages 58-63

ISBN: 978-989-758-452-7

vide stimuli to produce more innovative inventions or

works. The scope of the IPR regime includes patents,

brands, industrial design, copyright, trade secrets, in-

tegrated circuit layout design and plant varieties.

Many countries that are participants of the Trade

Related aspects of Intellectual Property Rights (TRIP)

agreement show that the international community

cares about IPR protection. This has an impact on

efforts to improve IPR protection at the local / na-

tional level including Indonesia. In the last decade In-

donesia has ratiﬁed international agreements related

to IPR, which have the consequence that Indonesia

must make regulations regarding the protection of hu-

man intellectual work and harmonize with the devel-

opment of the conditions of society. Problems on IPR

on the one hand relate to the problem of economic lib-

eralization, and on the other hand are faced with so-

cial, cultural, and economic conditions of the Indone-

sian people. The socio-cultural conditions of the In-

donesian people are still in the transition period of in-

dustrial society and not all understand and understand

the issues of IPR. This cannot be denied considering

that the concept of intellectual property rights does

not originate from the Indonesian people, but orig-

inates from the developed countries to protect their

intellectual works from the people’s mindset of those

countries that are different from Indonesian society.

Economic aspects or aspects can show the study

that IPR is an object of wealth that can be transacted

in the process of exchanging human economic needs

(Mahila, 2018). Based on the types of IPR that ex-

ist, the art of Batik craft is included in the Copyright

regime which in its regulation has been made a sepa-

rate regulation namely Law Number 28 of 2014 con-

cerning Copyright. The number of creative industries

in the ﬁeld of arts and culture that developed in In-

donesia, certainly balanced also with the development

of the creation of batik motifs, especially wooden

batik motifs in Krebet Bantul, Yogyakarta Special Re-

gion. If there is no immediate protection, in this case

tifs, it is feared that the creation will be increasingly

destroyed and can be claimed by other regions and

countries that understand more about the protection

of IPR against batik.

Based on the description and background above,

the authors formulate the problem as follows:

a What is the implementation of legal protection for

wooden batik motifs in Krebet Village, Bantul Re-

gency, Special Province of Yogyakarta?

b What economic beneﬁts can the creator take re-

garding the protection of the batik motif?

2 METHODOLOGY

Referring to the formulation of the problem, this re-

search belongs to the type of empirical normative re-

search method. In empirical legal research, what is

examined initially is secondary data, then proceed to

primary data in the ﬁeld that exists in the commu-

nity. In this case, the researcher wants to provide

an overview and elaborates on the study of copyright

protection for wooden batik art in Krebet Village,

Bantul Regency. The approach used in this study uses

a qualitative approach, namely the approach used by

researchers by basing on data stated by respondents in

writing or verbally, as well as real behavior, which is

examined and studied as something intact. Data col-

lection techniques in this study used interview tech-

niques and observations to a number of respondents in

this study. The location of this study is in Krebet Vil-

lage, Pajangan District, Bantul Regency, Yogyakarta

Special Region, in a place where there are many cen-

ters of Krebet wood batik. Analysis of the results of

this study is descriptive analysis.

3 RESULTS AND DISCUSSION

3.1 Copyright Legal Protection against

Batik Motives

tection in the ﬁelds of Science, Arts and Literature.

Legal protection against batik motifs which are also

copyrighted works, which have been recognized as

world cultural heritage by the United Nations Edu-

cational, Scientiﬁc and Cultural Organization (UN-

ESCO). Batik is declared feasible to be included in

the Representative List of the Intangible Cultural Her-

itage of Humanity, which means that batik has gained

international recognition as one of Indonesian cul-

ture, so it is expected to motivate and elevate the dig-

nity of batik artisans and support efforts to improve

people’s welfare economically. UNESCO’s recogni-

tion of batik as an Indonesian cultural heritage for the

world should encourage Indonesia to truly work on

batik in order to remain sustainable. Some efforts can

be made both in terms of law and in terms of the econ-

omy.

The Intellectual Property Issues in Cultural Her-

itage Project multidisciplinary and multi-sectoral to-

gether together with scholars and experts partners to

collaborate on intellectual and timely investigation of

intellectual property issues in cultural heritage that

represent emergent local and global interpretations of

Bantul KrebetWooden Batik Crafts as a Local Potential Area in a Study of Intellectual Property Rights: Juridicial and Economic Insight

culture, rights, and knowledge (Nicholas, 2007). In

Article 1 point 1 of Law Number 28 of 2014, the

arises automatically based on the declarative princi-

ple after a work is manifested in a tangible form with-

out reducing restrictions in accordance with the provi-

sions of statutory regulations. Based on the above un-

derstanding, copyright can be deﬁned as a monopoly

right to member or announce creations that are owned

by the creator or other copyright holders who, in their

implementation, pay attention to the applicable laws

and regulations.

The protection provided by copyright is given au-

tomatically since the creation is in the form of a con-

crete, because this law adheres to the declarative prin-

ciple, where legal protection is provided automati-

cally by the state without the need for registration.

The period of legal protection of copyright especially

for batik motifs is valid for life plus 70 years af-

ter the creator dies. Batik artworks are included as

copyrighted works protected according to Article 40

paragraph (1) letter j of Law Number 28 of 2014

concerning Copyright. What is meant by ”batik art-

work” is contemporary batik motifs that are innova-

tive, present, and not traditional. The work is pro-

tected because it has artistic value, both in relation to

the image, style, and color composition.

IPR ownership is very important in dealing with

global markets, because with IPR ownership someone

has legal certainty when there are other entrepreneurs

who will emulate the same brand (Widihastuti and

Kusdarini, 2013). Looking at the importance of le-

gal protection against culture in Indonesia, this clearly

has a very strategic value that can be seen in terms of

cultural, economic and social (Asri, 2016). Problems

regarding IPR will touch on various aspects such as

technology, industry, social, culture and various other

aspects. However, the most important aspect if it is

associated with the protection of intellectual work is

the legal aspect.The law is expected to provide pro-

tection for intellectual work.

Besides having potential as a cultural heritage,

batik also has the potential as a driving force for the

national economy and creating jobs to increase peo-

ple’s income. Batik artwork has an increasingly cre-

ative motive to still be able to meet consumer de-

sires. If ancient batik motifs had to be associated with

mythology, social status and also related to the rank

signs in the palace environment, then now batik mo-

tifs are far more innovative in pursuit of the pace of

globalization and cultural change from society. This

motif is called the contemporary batik motif.

Considering that batik has great economic poten-

tial, of course, protection is needed to avoid parties

who use batik motifs by taking the essence of the mo-

tif to be modiﬁed and meramunya into the latest mo-

tifs that are individually registered. Even this protec-

tion is becoming increasingly urgent given the high

piracy of Indonesian batik by foreign producers and

batik products made by Indonesian craftsmen that are

exported without any identity, so that it is ﬁnally rec-

ognized by other countries. This certainly will harm

the moral rights and economic rights of the creators

of contemporary batik.

3.2 Krebet Village as a Center for

Wooden Batik

Krebet is a sub-village in Sendangsari village, Pa-

jangan sub-district, Bantul Regency,approximately 12

Km Southwest of Yogyakarta City, with an area of ±

104 ha. Geographically, the north is bordered by sub-

village Kaliasem, Bangunjiwo Village, on the east

borders with Pringgading hamlet which falls into the

area of Guwosari Village, in the south borders with

Dadabong sub-village and Kabrokan Wetan subvil-

lage, and in the west borders with Petung and Dusun

Desa Lor Triwidadi. Krebet is surrounded by teak

trees, acacia mahogany and sengon so the distance

from other sub-village is quite far apart.

Krebet is an area with infertile land with barren

limestone land. Initially the Krebet community relied

on agriculture as a source of livelihood, but because

agricultural activities only lasted seasonally and re-

lied on rainfed irrigation and the condition of the bar-

ren land, local residents developed other skills namely

by making batik-made wooden handicrafts. Around

the village of Krebet there is wood that can be used

as a craft, for example teak, sengon mahogany, as a

raw material for making crafts with batik motifs. One

form of creativity in batik craft is the development

of batik using wood media, where in general batik

is made on cloth. The results of creativity are man-

ifested in the form of masks, key chains, puppets, tis-

sue boxes, trays, jewelry places, miniature animals,

and other decorative creations. Designers make use

of the terrace and yard as a place for producing wood

batik. More and more people of Krebet Hamlet are

skilled in making crafts, so more and more consumers

are coming to order wood batik from both domes-

tic and overseas. The production of wooden batik is

one of the home industries that can sustain the econ-

omy of the Krebet Hamlet community which can be

a magnet for the interest of local and foreign tourists

to visit this village, making Krebet hamlet one of the

tourist villages that must be visited when coming to

Yogyakarta.

ICASESS 2019 - International Conference on Applied Science, Engineering and Social Science

The enactment of the Copyright Law brings hope

for the process of protecting a design especially Kayu

Batik, namely by obtaining a recording of the Batik

Kayu motif as a copyrighted work by the creator /

craftsman who is legally protected. Although legal

protection is obtained from copyrighted works in the

form of Copyright automatically, but as authentic ev-

idence in the future there is a need for recording so

that the creator will have a certiﬁcate of recording the

batik motif. The lack of knowledge and legal aware-

ness of the creators is the main factor underlying this

weakness.

Until now, wooden batik artisans in Krebet still

maintain this tradition. The artisans try not to leave

their profession as wood batik craftsmen who have

been handed down from generation to generation.

Krebet wood batik has distinctiveness in its design

mainly based on raw materials as its medium, namely

pule wood, and sengon. The coloring also has its own

characteristics, especially when compared to wood

batik motifs from other regions. This is based on the

manufacturing process in the form of stages from the

selection of wood media, wood cutting, making batik

patterns, batik process, coloring, drying, drying and

ﬁnishing. The process requires special care and ex-

pertise that can only be done by the Krebet commu-

nity which has been carried out for generations. An-

other distinctive feature is that the coloring quality is

quite good so it does not fade easily and fade.

Legal protection against batik motifs is regulated

in the Copyright Act which provides protection for the

copyrighted works of the wooden batik motif. The

creations and creations of batik artisans can be pro-

tected by copyright, given one of the scope of copy-

right protection, including batik art. With the protec-

tion of the wooden batik motifs / motifs, exclusive

rights for crafters / creators will appear to publish or

reproduce their own new batik motifs that have be-

come their creations or give permission to other par-

ties to do so. Actually the protection of a work arises

automatically since the creation is manifested in a tan-

gible form, namely in the form of a new batik motif

which is the creation of craftsmen and not merely as

a result of modifying the old batik motifs, because

recording a work is not an obligation. However, the

recording of batik motifs is still needed, so that batik

artisans as creators obtain a ”letter of registration of

creation” which is very urgent if the craftsmen intend

to make a licensing agreement or agreement to trans-

fer copyright to others. The letter of registration of the

work can also be used as an initial proof in the court if

a dispute arises in the future over the batik motif. To

simplify the registration process, the craftsmen should

indeed document all the designs of the batik designs

in the form of soft copy, or in hard copy.

Most Imogiri batik artisans have not considered

IPR protection as a necessity and they have not seen

the importance of legislation in the IPR ﬁeld. Some

obstacles in the provision of IPR protection to the

work of Krebet wood batik craftsmen include:

a The limited knowledge and understanding of Kre-

bet wood batik craftsmen regarding matters relat-

ing to IPR which are actually needed and can pro-

tect their batik works;

b The low level of education and the level of the

economy of the artisans hampered the protection

of IPRs on the work of artisans. The low level of

education and economy is what makes the crafts-

men think ”practical” and simple, that is, prefer-

ring their batik works to sell quickly to meet their

daily needs rather than thinking about their work

being traced, stolen, and so on. The craftsmen did

not respond too much to the idea of IPR to provide

protection for their works;

c Communal and religious culture, making crafts-

men very difﬁcult to accept IPR concepts that

highlight personal rights. For them, the process of

making and traditional batik motifs is a cultural

heritage, which should not be possessed posses-

sively (monopolized). The philosophy of life in

togetherness makes the tradition of ”sharing” in-

cluding sharing knowledge about batik, one of the

forms of virtue, the reward of which is inner satis-

faction.This is different from the views of Western

society, the place of origin of the development of

IPR, which places ideas, feelings, knowledge and

even feelings as a valuable property of money (in-

tellectual property). In the modernist view, tra-

ditional knowledge is a tool to use (or discard)

for the development of indigenous societies, and

therefore must be subordinated to Western science

(Vermeylen et al., 2008);

d Some craftsmen who have received information

about IPR state that the procedure for submitting

IPR applications is difﬁcult and expensive. Pro-

tection of IPR is obtained through certain efforts

in accordance with IPR legislation. The registra-

tion procedure or arrangement for obtaining sim-

ple IPR protection and the burden of not making

a ”bid for IPR protection” is not enough to attract

artisans to get it.

However, from the process of IPR assistance that

has been carried out, it has succeeded in legally

recording 2 (two) contemporary batik motifs from

krebet wood batik motifs, namely Colorful Batik mo-

tifs and Red Black Grompol Batik Motif, both of

Bantul KrebetWooden Batik Crafts as a Local Potential Area in a Study of Intellectual Property Rights: Juridicial and Economic Insight

which have received a copyright registration certiﬁ-

cate ( Granted) with the recording number of each

EC00201846181 and EC00201846181.

Figure 1: Warna-warni Kahyangan wooden batik motive

and Grompol Merah Hitam motive

Registering the Batik Wood Motif Copyrights in

addition to providing legal certainty for legal protec-

tion, it will also prevent other parties from imitating or

copying the work and taking economic advantage of

the batik’s copyrighted work. In addition, the applica-

tion for recording the batik works will educate other

craftsmen and motivate them to immediately record

the batik motifs they created.

3.3 Economic Beneﬁts of Wood Batik

Craft Protection

Talking about IPR cannot be separated from its prin-

ciples, one of which is economic principles. In eco-

nomic principles, IPR comes from creative activities

of the human mind that have beneﬁts and economic

values that will beneﬁt the copyright owner. What are

the beneﬁts and risks associated with copyright pro-

tection in the global economy? To answer this ques-

tion we must evaluate the main arguments invoked to

justify strong copyright legislation and enforcement

(Downes, 2006). IPR is built on the foundation of

”economic interests”, the law regarding property (in-

tellectual property). IPR protection becomes irrele-

vant if it is not associated with the process or com-

mercialization of IPR itself.

In contrast to industrial property rights in general,

rights of holders of copyright. What is meant by eco-

nomic rights is the right to obtain economic beneﬁts

over Copyright. The economic rights are in the form

of proﬁts obtained by money because of the use of the

parties based on the license. The wealth of Indonesian

culture can be used as a source of innovation in run-

ning the wheels of the country’s economy. However,

this wealth must be protected by the government, in

this case as the holder of state sovereignty through

various efforts. The existence of the Copyright will

expressly regulate one’s intellectual property to be

protected and if it will be used commercially it is nec-

essary to pay a sum of money to the creator (in the

form of royalties), as the license holder. The law can

also provide state foreign exchange because it will be

treated the same as Intellectual Property by paying a

license if it is to be produced commercially.

Legal protection that has been obtained by the

owner can provide a sense of security to develop his

work so that eventually he can obtain economic ben-

eﬁts. Owners who have not received legal protection

will not feel fully secure in utilizing the results of their

work due to threats from other parties.

IPR owners who use their economic rights can im-

mediately obtain economic beneﬁts from their work.

Owners who do not use economic rights and do not

make products in the form of products on the mar-

ket, the owners will not get economic beneﬁts from

the results of their work. So it is very necessary to

do legal protection for copyrighted works that have

obtained economic beneﬁts for the copyrighted work,

so that the creator / copyright holder is protected by

his economic rights. Copyright is intellectual prop-

erty that can be exploited by its economic rights, so

the right to transfer ownership of copyright can arise,

for example through an assignment, or a license to use

copyrighted works.

The reality that occurs is that many IPR owners

do not use their economic rights when they have ob-

tained legal protection. This causes IPR owners not to

get economic beneﬁts from their IPR. Economic ben-

eﬁts in principle must be felt by the owner and the

community. This is in line with the theory of utili-

tarianism, that is, an act is said to be good if it pro-

vides the greatest possible beneﬁt for as many peo-

ple as possible. Commercialization, in their view,

would result in over the knowledge to outsiders, in

that hands would fail to have the desired efﬁcacy. One

specialist also observed that outsiders would have a

price on knowledge, which would clash with their

’ethics.’ Such knowledge is only meant to be used

for the welfare of human rights, not for proﬁt (Sarma

and Barpujari, 2012). Legal protection is not intended

to only provide legal guarantees but also economi-

cally. IPR owners expect that their property can pro-

vide maximum economic beneﬁts. To get economic

value, this right can be transferred to other people,

through agreements, licenses, grants, inheritance and

other causes that are permitted by law. Some things

that cause the owner not to use his economic rights

are the cost of making a product that is quite high.

This can be a stumbling block for the owner to real-

ize this. The incentives provided by the government

only apply to the registration of intellectual property

rights while making products is the responsibility of

each owner.

ICASESS 2019 - International Conference on Applied Science, Engineering and Social Science

With the protection of IPR it should be followed

by the transfer of these rights to other people / other

parties so that economic rights can be enjoyed by the

creator.

4 CONCLUSIONS

The making of wooden batik has been through several

stages, starting from making motif designs, making

batik, coloring, sucking and so on, each of which re-

quires its own expertise and creativity. Thus the Kre-

bet wood batik products need to get IPR protection

in this case Copyright protection. The existence of

various obstacles in the ﬁeld related to the request for

registration of Copyright, among others, is from the

cultural aspects of the community, the level of educa-

tion and understanding, so that the need for guidance

from the government as well as ongoing socialization.

In order to obtain broad economic beneﬁts, it is

better to involve the company in providing assistance

for the production of IPR products through the Cor-

porate Social Responsibility (CSR) program so that it

can provide economic beneﬁts to the owner / creator.

ACKNOWLEDGEMENTS

The author would like to send the gratitude to The Di-

rectorate of Research and Community Development

Ministry of Research, Technology and Higher Educa-

tion who funded, in 2014-2016.

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Bantul KrebetWooden Batik Crafts as a Local Potential Area in a Study of Intellectual Property Rights: Juridicial and Economic Insight