Perlindungan Hak Cipta Kesenian Daerah Tari Tor-Tor dan Gordang Sembilan (Studi di Dinas Kebudayaan dan Pariwisata Provinsi Sumatera Utara)

Abstract

Normatively, Intellectual Property Rights (HAKI) is a "product of mind" or by the World Intellectual Property Organization or WIPO called "creation of mind" which means any work of man is born with an outpouring of energy, initiative, creativity, economic time. Therefore, any intellectual work should be recognized, respected and protected both moral and ethical as well as constructed from moral and ethical concepts, while protection is facilitated by Copyright law instruments. Type of research in this thesis is a normative legal research. This study aims to examine the legal regulation on the protection of Copyright, especially the local arts. To assess the implementation of the Copyright protection of local arts and dance tor-tor Gordang nine in North Sumatera Provincial Tourism Office and to examine the barriers faced by the Department of Tourism in the protection of Copyright local arts dance tor-tor and Gordang nine, as well as the efforts made to overcome barriers the. Settings on the protection of Copyright law, in particular the local arts regulated in Law Number 19 Year 2002 on Copyright. In the preamble, this legislation was born because that Indonesia is a country with diverse ethnic / tribal peoples and cultures as well as the wealth of arts and literature in development that require the protection of intellectual property Copyright is born from diversity. North Sumatera government should immediately register the local arts dance tor-tor and to the Director General of HAKI Gordang nine. According to the law of creation application for registration may be made by the creator or rights holder to the Director General of HAKI with duplicate and written in Indonesian and with education costs and sample creation or replacement of Article 37 paragraph (2) of the Copyright Act. Registration is not absolutely required because without registration rights reserved. Not only about the creation of the legal requirement to be registered is not (admittedly) a copyright, but only to facilitate a proof in case of dispute. Internal barriers faced was the lack of funds in the management of the local arts Copyright. North Sumatera Provincial Government does not have the budget related to the maintenance of Copyright. External barriers are the lack of cooperation with the central government on the relevant settlement Copyright local arts. The efforts made internally is the Department of Culture and Tourism of the Province of North Sumatera perform budget submission for registration related Copyright dance tor-tor and Gordang nine. External effort is not related to the cooperation with the central government and the Directorate General of HAKI, in this case the Department of Culture and Tourism can not make the effort.