COPYRIGHT PROTECTION OF MADURESE BATIK IN BANGKALAN REGENCY FROM ARTIFICIAL INTELLIGENCE (AI) REPLICATION: A POSITIVE LAW AND ISLAMIC LAW PERSPECTIVE

Abstract

Madura Batik, as an expression of traditional culture and a vital economic source for artisans in Bangkalan Regency. The sophistication of artificial intelligence that is able to imitate, modify, and replicate motifs accurately and quickly in a short time has the potential to eliminate the authentic identity and rich cultural meaning inherent in batik motifs that have been maintained by artisans in Bangkalan Regency. This study aims to analyze the copyright protection of Madura batik from the dual perspective of positive law and Islamic law, using an empirical juridical approach with a comparative perspective. Data was collected through a literature study on laws
and regulations and interviews with written batik artisans and related government agencies in Bangkalan Regency. The research data then analyzed descriptively-interpretively. The main findings reveal the existence of legal loopholes in Law No. 28 of 2014, which render Madura batik vulnerable to digital exploitation. In contrast, Islamic law, through the principle of hifz al-mal, provides a solid ethical-normative foundation to prohibit such exploitation. Through the synthesis of the two legal frameworks, this study formulated a hybrid protection model specifically designed to fortify the integrity and sustainability of the cultural heritage of Madura batik in the midst of a landscape of technological disruption.