Indonesia faces significant environmental challenges, including severe air pollution and deforestation, both of which contribute to climate change and transboundary environmental harm. Landmark cases, such as Melanie Soebono and Others v. Republic of Indonesia, have highlighted the government's failure to mitigate air pollution, while cases like Wahana Lingkungan Hidup Indonesia (WALHI) v. Head of the Investment and One-Stop Integrated Service Office West Java have set precedents in climate litigation by challenging the permitting of fossil fuel projects. The Indonesian Supreme Court has also ruled against corporations in cases like Ministry of Environment and Forestry v PT Waringin Agro Jaya, holding them liable for environmental destruction. Despite progress, courts have often refrained from explicitly applying human rights frameworks in their decisions, indicating a need for stronger rights-based environmental litigation.
Case Contributors:
- Prof. M. R. Andri Gunawan Wibisana, S.H., LL.M., Ph.D , Center for Environmental Law and Climate Justice (CELCJ) Faculty of Law Universitas Indonesia
- Conrado M. Cornelius, S.H., LL.M., CELCJ
- Leony Sondang Suryani, S.H., M.H., Djokosoetono Research Center, Faculty of Law Universitas Indonesia
- Gerhard Mangara, S.H., CELCJ
- Zefanya Albrena Sembiring, S.H., LL.M., CELCJ.
Cases:
Case Study - Arie Rompas and Others v the Republic of Indonesia and Others
Case Study - Melanie Soebono and Others v Republic of Indonesia and Others
Case Study - Ministry of Environment and Forestry v PT Waringin Agro Jaya
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