Law Department, Faculty of Law, Trisakti University, West Jakarta City, DKI Jakarta 11440, Indonesia.
International Journal of Science and Research Archive, 2025, 15(02), 1699–1711
Article DOI: 10.30574/ijsra.2025.15.2.1644
Received on 19 April 2025; revised on 27 May 2025; accepted on 30 May 2025
Indonesia, as a mega-biodiversity country, holds vast plant genetic resources (PGR) with immense potential for bioprospecting in pharmaceuticals, cosmetics, and food industries. However, the absence of a specific legal framework has left these resources vulnerable to biopiracy unauthorized foreign exploitation without fair benefit sharing for indigenous communities. Existing laws, including the Patent Law, Communal Intellectual Property Regulation, and Conservation Acts, inadequately protect traditional knowledge and collective rights. This legal vacuum has allowed foreign entities to patent innovations derived from Indonesia’s biodiversity, marginalizing local communities. Moreover, fragmented institutional oversight, lack of a unified genetic resource database, and limited public awareness further weaken protection efforts. Drawing from international instruments such as the Nagoya Protocol and practices from India and Malaysia, this study advocates for a sui generis legal system tailored to Indonesia’s ecological and socio-cultural context. Such a framework must include access and benefit-sharing (ABS) mechanisms, centralized data inventories, digital information systems, and institutional reforms. Proactive legal recognition of indigenous rights and participatory governance are essential for ecological justice and biodiversity preservation. This study concludes that a dedicated Sui Generis Law on Genetic Resources is urgently needed to ensure sovereignty, equity, and sustainable use of Indonesia’s biological wealth.
Genetic Resources; Biopyracy; Access and benefit sharing; Sui Generis; Traditional Knowledge
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Dian Nurfitri, Simona Bustani and Sri Bakti Yunari. Urgency of sui generis genetic resources law in order to prevent plant biopiracy in Indonesia. International Journal of Science and Research Archive, 2025, 15(02), 1699–1711. Article DOI: https://doi.org/10.30574/ijsra.2025.15.2.1644.
Copyright © 2025 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0







