"Who Owns Tortor and Gordang Sambilan?": Between the Traces of History, Protection of Indonesian’s Intangible Cultural Heritageand Concern for the State to Preserve

Abstract

Ownership of Intangible Cultural Heritage (ICH) is not merely a matter of registration leading to recognition. More than that, a culture must be based on its history honestly, including the history of Tortor and Gordang Sambilan. Using a legal history approach, this study found that Tortor and Gordang Sambilan, as cultural heritage of the Mandailing tribe in Indonesia, have existed since the 12th century, while some of the Mandailing tribe migrated to Malaysia in the 19th century. Changes over time have received criticism from the non-essentialist view that value identity tends to be fluid, consisting of elements that will adapt to circumstances. This is in line with Ibnu Khaldun's view, in hermeneutic discourse, that a tradition will die, dry up, and stagnate if it is not continuously revived through reinterpretation in line with social dynamics. Therefore, the Indonesian Government continues to strive for this art to gain global recognition.