National Target 16 is intended to develop benefits from the abundant genetic resources that is relied upon by various ethnic groups with diverse traditional knowledge of the use and management of natural resources, as a source of food, medicinal raw materials and various essentials, in better and fairer manners. The National Target 16 was prepared to comply with the Aichi Target (AT) 16 framework as a basis for formulating a number of action plans and activity programs that have been adapted to national conditions and needs regarding access to genetic resources and the distribution of benefits from their use.
Based on the agreement of the Convention on Biological Diversity (CBD), the rights and sovereignty of a country to control and utilize its biodiversity and the relevant wealth of traditional knowledge with the concept of access and benefit-sharing of biodiversity have been recognized, because CBD aims to encourage conservation of biodiversity, sustainable use of biodiversity and benefit sharing, resulted from fair and balanced utilization of biodiversity. Special legal protection is required to conserve nature and protect the wealth of traditional knowledge. According to Rohaini (2015), there are several main reasons for the need to protect traditional knowledge, which are for
:
§ Justice.
It is natural and fair for the owner of traditional knowledge whose knowledge is used and commercialized to get profit or compensation, both financially and non-financially.
§ Conservation.
Preservation of traditional knowledge regarding sustainable use of biodiversity implies protection on maintenance of the environment, biodiversity, as well as sustainable agricultural activities.
§ Maintenance of traditional and cultural practices.
Protection of traditional knowledge can be used to increase people's value and trust.
§ Prevention of abuse by parties that do not have rights.
Protection of traditional knowledge is a way to reduce bio-piracy while ensuring fairness and balanced treatment between owners and users of traditional knowledge.
§ Promoting the importance of developing traditional knowledge.
Thus, in order for the implementation of the Nagoya Protocol to be effective in regulating access and benefit sharing of biodiversity utilization, the implementation of the Nagoya Protocol and its derived instruments such as legislation and institutions at the national and regional levels is necessary.