DEVELOPMENT OF LAW ON ACCESS AND BENEFIT SHARING FROM UTILIZATION OF GENETIC RESOURCES OF INDIGENOUS PEOPLE

Abstract

This research of Development of Law on Access and Benefit Sharing from Utilization Genetic Resources of Indigenous People focuses on analysing legal concept to implement the Convention on Biological Diversity (CBD) and Nagoya's Protocol. In Indonesia, there is no legal framework yet in recognizing the status of Indigenous People as provider of genetic resources. On the other hand, CBD and Nagoya Protocol order state to take legislative measures and to ensure that the benefit is shared based on the right of Indigenous People. Through legal research, this study examines: the formulation that is needed to protect the genetic resources of Indigenous People; the way some Asean countries shaped their domestic frameworks and the positive outcomes that can be adopted for Indonesian context. The result shows that recognation of the right of Indigenous People is still in legal concept not as a positive law. While, Thailand has The Plant Varieties Protection Act 1999, The Protection and Promotion of Traditional Thai Medicinal Intelligence Act 1999 and Phillippine has Act 8317 known as the Indigenous Peoples‘ Rights Act of 1997. In the future, Indonesia need to develop of law by enacting the new right of the Indigenous People in their regulation. The increase status of Indigenous People to have right to get benefit from utilization genetic resources is the goal of fair justice for all. It is also hoped that this research can contribute to harmonizing such laws in Asean.