Policies and Measures that Ensure Recognition and Protection of Artistic Freedom

Ministry of Education and Culture
Ministry of Law and Human Rights
Describe the main features of the policy/measure: 

Policies and measures that have been implemented to ensure the recognition and protection of artistic freedom include:
1. Law 5 of 2017 on the Advancement of Culture;
2. Law 20 of 2016 on Trademark and Geographical Indications; and
3. Cultural Development Index.

Recognition and protection of artistic freedom is mainly guaranteed through Law 5 of 2017 on the Advancement of Culture (see Goal 1, Specific Policies that Regulate the Cultural and Creative Economy Sector). The Law stipulates that promotion of culture is based on freedom of expression, with the "principle of freedom of expression" referred to as the freedom of individuals or groups in expressing their cultural expression as long as it does not conflict with the legislative/statutory rules and regulations.

Regarding the recognition and protection of Artistic Freedom, the Advancement of Culture Law has mandated the sub-national governments within its administrative territory, the duty to (1) guarantee freedom of expression and (2) guarantee the protection of cultural expression. As referred to in the aforementioned Law, the principles of the Advancement of Indonesian National Culture are tolerance, diversity, localization, cross-territory, participatory, benefits, sustainability, freedom of expression, integration, equality, and mutual cooperation. The objective is to develop noble cultural values of the nation, enrich cultural diversity, strengthen national identity, strengthen national unity and integrity, national education, improve the nation's image, realize civil society, improve people's welfare, preserve the nation's cultural heritage, and influence the direction of the development of world civilization so that Culture is the direction of national development.

Special protection of Communal Intellectual Property (KIK) can utilize the provisions in Law 20 of 2016 on Trademark and Geographical Indications. The potentials of KIK which includes Genetic Resources (SGD), Traditional Knowledge (PT), and Traditional Cultural Expressions (EBT) and Geographical Indications (IG) is protected in terms of claim, theft, and piracy of other parties or countries. To inventory the Communal IP (KIK) data owned by Indonesia, the Regional Government collaborate with Higher Education Institutions to record the potential KIK data of the region in the National KIK Data Center developed by the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights. This effort not only aims to encourage the active participation of regional governments in updating cultural property data in the regions, also to protect Traditional Cultural Expressions that are intellectual artistic works, including every production in the literary expressions that contain elements of traditional heritage characteristics, cultural practices, including one or a combination of forms of textual verbal expressions, music, motion, theater, fine arts, and traditional ceremonies.

The recognition and protection of artistic freedom can also be monitored from the Cultural Development Index (see Goal 1, Information Systems and Cultural Statistics Used in Policy Development), particularly on the dimensions of cultural expression. This dimension is measured and shaped by several indicators, including:
1. population aged 10 years and over who provide advice or opinions in meetings;
2. population aged 10 years and over who are actively participating in organization activities;
3. population aged 10 years and over who involve in art performances as a practitioner/supporter; and
4. households that hold traditional ceremonies.

In general, policies and measures that recognize and protect artistic freedom are intended to contribute to the following achievements of the National Strategy for Culture (see Goal 1, Main Policies and Measures that Contain Strategies and Frameworks for the Development of an Integrated Cultural and Creative Economy Sector):
1. Provide space for the diversity of cultural expressions and encourage cultural interaction to strengthen the inclusiveness of culture (Agenda 1);
2. Protect and develop values, expressions, and practices of traditional culture to enrich national culture (Agenda 2);
3. Institutional reform and culture budgeting to support the advancement of culture agenda (Agenda 6); and
4. Strengthen the role of government as facilitator in the advancement of culture (Agenda 7).

What are the results achieved so far through the implementation of the policy/measure?: 

Based on the Cultural Development Index in 2019, the achievement value of the cultural expression dimension is 36.57; lower than that of the overall average, which is 53.74. In detail, the achievements of the indicators of the cultural expression dimension are as follows:
1. Proportion of population aged 10 years and over who give suggestions or opinions in meetings is 11.63 percent of the 30 percent target;
2. Proportion of population aged 10 years and over who actively participate in organizational activities is 6.35 percent of the 20 percent target;
3. Proportion of population aged 10 years and over who are performers/supporters of art performances is 1.91 percent of the 7 percent target; and
4. Proportion of households that hold traditional ceremonies is 21.85 percent of the 45 percent target.

Partner(s) engaged in the implementation of the measure: 
Name of partnerType of entity
Coordinating Ministry for Human Development and Culture
Public Sector
Sub-national governments
Public Sector
Has the implementation of the policy/measure been evaluated?: 
Objetivo(s) de la Convención 2005 de la UNESCO
Cultural Domain(s)
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