ANALISIS YURIDIS TERHADAP REPATRIASI ARTEFAK BUDAYA INDONESIA DITINJAU DARI KONVENSI UNESCO 1970

Abstract

ABSTRACT

The repatriation of cultural artifacts is an important issue in international law, especially for countries whose cultural heritage is located outside their territory as a result of colonial practices and past transfers. Cultural artifacts are not only historically valuable, but also related to the identity and cultural sovereignty of a nation. In practice, Indonesia has repatriated cultural artifacts, including the return of archaeological collections from Java and Bali from the Netherlands and Majapahit artifacts from the United States through diplomatic channels and bilateral cooperation without a binding legal claim mechanism. This situation shows that repatriation still depends on negotiations and good faith, so a more effective legal framework is needed, as reflected in the 1970 UNESCO Convention. Research questions: 1. How does the 1970 UNESCO Convention regulate the repatriation of cultural artifacts? 2. How is the repatriation of cultural artifacts implemented in Indonesia? Research method: normative legal research using secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials, with data collection techniques involving document studies and qualitative data analysis. Research results: 1. The 1970 UNESCO Convention has provided a normative framework for the prevention of illegal trade in cultural artifacts and encourages repatriation to the country of origin, but the regulations are still limited because they emphasize cooperation between countries and do not provide a direct claim mechanism. National laws have basically recognized the principle of cultural heritage protection, but have not specifically and systematically regulated the mechanism for the repatriation of cultural artifacts. 2. The implementation of repatriation in Indonesia still largely depends on diplomatic channels and bilateral cooperation, and faces obstacles in the form of limited documentation of the origin of artifacts, institutional coordination, and legal capacity.