Preservation of Intangible Cultural Heritage: A Legal Comparison between Malaysian Act 645 and Japan 1950 Cultural Property Law

Nurulhuda Adabiah Mustafa and Nuraisyah Chua Abdullah
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Nurulhuda Adabiah Mustafa: Senior Lecturer, Law Department, Centre of Foundation Studies, UiTM, Dengkil Campus, Malaysia
Nuraisyah Chua Abdullah: Professor of Law, Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 9, 168-175

Abstract: The Malaysian National Heritage Act 2005 [Act 645] is a statute which intends to protect, conserve, and preserve not only Intangible Cultural Heritage, but tangible, underwater heritage, and natural sites. However, Act 645 is general in character compared to the Japan 1950 Cultural Property Law (Japan LPCP of 1950). The non-existence of a specific chapter on intangible cultural heritage portrays the incomprehensiveness of the law on intangible cultural heritage in Malaysia. The Japan LPCP of 1950 has often been signalled as one of the most sophisticated and comprehensive efforts of its kind, where observers have referenced the effort as a persuasive model for a cultural legislation of other countries. This paper adopts the qualitative doctrinal approach where comparative study between the position of the Malaysian Act 645 and of the Japan LPCP of 1950 is made. This paper suggests for the amendments to the Act 645 to better safeguard Malaysian intangible cultural heritage. It also suggests for a specific and comprehensive chapter on intangible cultural heritage in Act 645 that would better uphold the intangible cultural heritage. This paper provides significant findings and contributes to the advancement of literature in the field of intangible cultural heritage law. This promotes the betterment of a legal framework, hence, securing the better survival of intangible cultural heritage in a society with diverse cultural backgrounds.

Date: 2024
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