The Islamic Bio-ethic Paradigm of Local Genetic Resources Utilization: Navigating Innovation Protection through IPR in Indonesia

Abstract

Indonesia, as a mega-biodiverse nation, faces a critical challenge in balancing the commercialization of local genetic resources with the preservation of biological integrity and communal rights. Traditional Intellectual Property Rights (IPR) frameworks often prioritize individualistic and monopolistic ownership, which can conflict with the communal and spiritual values held by Muslim-majority societies. This paper aims to explore the legal paradigm through the lens of Islamic bioethics. The study employs a document study using the maqasid syariah method with a philosophical approach. It analyzes primary legal materials, including Indonesia’s Patent Law and the Nagoya Protocol, and synthesizes them with Islamic legal maxims and the framework of Maqasid al-Sharia (the objectives of Sharia). The study finds that an Islamic Bioethic paradigm shifts the focus from "absolute ownership" to "stewardship" (Amanah). In this view, genetic resources are considered Mubahl (public goods) that require a fair Access and Benefit Sharing (ABS) mechanism to prevent Zulm (injustice). The study proposes that innovation protection must be integrated with recognition of nature as a trust to prevent exploitative biopiracy. To conclude, using the three-way balance is the best way to understand and implement the Islamic bio-ethics. Allah SWT is the owner of the GR; therefore, individuals who are able to utilize the resources only have a right to a reward commensurate with the efforts that have been contributed to the GR utilization, not the ownership. Furthermore, the benefit of such GR management must be enjoyed by the community and bring goodness according to Sharia principles, especially Maqasid al-Sharia.