3
and policy which is governs the economic relations between them and treats the culture as an economic resource. According to
Indonesian Tourism Act No. 9 Year 2010,
culture is one the pillar of tourism development but it does not recognise and protect the culture as an economic
resource.
5
In contrast, the
Indonesian Culture Heritage Act No. 11 Year 2010
treats culture as a sign of human civilization.
The Government is using a classic policy model to manage the cultures and the other sides, the traditional community as the member of
Desa Adat
Indigenous Village manage their culture as a part of the daily life procession.
6
The gap between the Government policy and the real fact are needs a new approach in development of policy. The new policy shall be set up the
new position and function of the
Desa Adat
related to their culture. It is including the cultural programming, budgeting and regularly direct maintaining by the Government and the private
sectors. That would be giving the properly rights and obligations to the owner and the user of culture for participates in the sustainable cultural maintenance and development.
I.2. Legal Issues
1. How are Indonesia the case of Bali and Australia protecting the indigenous culture?
2. Is the law as enacted in Indonesia the case of Bali and Australia sufficient to protect the
indigenous peoples as an economic resource?
I.3. Purposes
1. The legal certainty of the existence of indigenous culture as an economic resource.
2. To review and reconstruct the
Indonesian Tourism Act No. 9 Year 2010
in order to recognize and protect the indigenous culture as an economic resources.
3. To make a new approach of Indonesian policy according to give properly rights and
obligations to the owner and the user of culture in order to maintain and develop culture sustainability.
5
See Articles 1 5 and 6 of the Indonesian Tourism Act No. 9 Year 2010
6
I.B. Wyasa Putra, above n 2, 3
4
I.4. Research Methodology
This research is using normative methodology with the primary and secondary sources of law. The primary sources of law are contained cases law, international instrument and statutes
Acts and Local Regulations. The secondary sources of law are journals, books and articles internet. This collaboration research is using the comparative approach, the fact approach, the
case approach and the statute approach. Those sources of law are collected by card systems. The facts, cases law and the sources
of law are analyzed in qualitative. The researcher are collected those materials, explained the relationship between the facts and the sources of law and made some law argumentation for the
legal issues in this research.
II. How are Indonesia the case of Bali and Australia protecting the indigenous culture? II.1. International Instruments
Both Bali and Australia derive some of their domestic laws pertaining to indigenous peoples from international instruments. Jointly they have ratified the
International Covenant on Economic, Social and Cultural Rights 1966 ICESCR
7
and endorsed the
United Nations Declaration on the Rights of Indigenous Peoples 2007
UNDRIP
8
. In addition to the ICESCR and UNDRIP the International Labour Organisation ILO Convention on Indigenous and Tribal
Populations 1957 No. 107
9
and the ILO Convention on Indigenous and Tribal Peoples 1989 No. 169, although not ratified, are indicative of how the international community views the
economicsocialcultural rightsstatus of indigenous peoples. It is often the principles espoused in these instruments that have been implemented in domestic laws.
II.2. Indonesia The case of Bali
