C2- Indonesia Actions in Climate Litigation

About

A. Background

Climate change, a pressing issue at the forefront of both domestic and international political agendas, demands immediate attention as countries grapple with the profound environmental challenges facing the world today. Its effects are widespread, impacting ecosystems, economies, and communities on a global scale. However, the severity of these impacts varies across regions and is often felt more intensely at the local level. Approximately 3.3 to 3.6 billion people living in West, Central, and East Africa, South Asia, Central and South America, small island developing states, and the Arctic are particularly vulnerable and continue to be disproportionally affected by the consequences of climate change (Interpol, 2022).

As human activity is now the key driver, the magnitude and rate of future climate change and associated risks will largely depend on how human societies evolve and on how they respond, mitigate and adapt to global warming. Given Indonesia’s status as one of the world’s largest archipelagic nations and its rich natural resources, it plays a crucial and significant role in global efforts to mitigate climate change.

Beyond natural disasters, there is a complex nexus between climate change and environmental crime. Uncontrolled desires will impact the environment, while environmental systems become the first victims. The ‘low risk, high reward’ nature of environmental crime makes for a lucrative and safe source of revenue for criminals. Since the damage issue is increasing massively, environmental crime as an extraordinary crime is not only outlined as an ordinary administrative violation but a morally reprehensible offense since it takes the life of each individual. Therefore, environmental enforcement to criminals not only to creating a deterrent effect with a retributive justice approach but also to give order to restore the environmental damage caused through restorative justice approach should be enforced.

Dissimilar to general law enforcement, which ultimately aims to create a deterrent effect, environmental law enforcement bears an additional aim to restore environmental degradation caused by the crime against it. Ensuring the fulfillment of environmental rights should be considered when enforcing environmental law to establish a sustainable environment for future generations. A more comprehensive approach, such as restorative justice, is expected to be a reasonable solution to address these concerns. Environmental restorative justice aligns with sustainable development and climate resilience principles, as it encourages the rehabilitation of ecosystems crucial for mitigating climate change’s impacts.

Indonesia through The Ministry of Environment and Forestry (MoEF), recognizes that environmental restorative justice is a crucial solution to ongoing environmental challenges. MoEF implements a multi- instrument approach to law enforcement, which includes administrative sanctions, civil law suit for compensation mechanisms, and additional penalties imposed for environmental criminals. These measures reinforce the message that violators must take responsibility for their actions and actively contribute to restoring the environment they have harmed.

Efforts to enforce restoration extend beyond environmental laws and encompass regulations from other sectors. Therefore, a multi-door approach is essential to ensure that perpetrators of environmental crimes are held accountable, ecological restoration is prioritized, and deterrent effects are achieved. Furthermore, the enforcement of money laundering approach will enhance the effectiveness of environmental justice law enforcement through methods such as “follow the money” and “follow the suspect,” facilitating the tracking of all involved actors. Following the ruling of the Constitutional Court Number 15/PUU-XIX/2021, civil investigators have the authority to optimize the handling of money laundering cases by forming a joint team with INTRAC (PPATK).

Collaboration with other stakeholders is paramount. MoEF acknowledges that achieving restorative environmental justice requires the cooperation of various stakeholders, including government agencies and other law enforcement officers. Therefore, MoEF involves a multi-agency approach to support in political, technical, and technological aspects to strengthen the ecosystems of law enforcement. Collaborative initiatives with non-governmental organizations, experts, and local communities are also needed to share resources, exchange knowledge, and integrate strategies to address complex environmental challenges more effectively.

MoEF is deeply committed to enhancing benefits, providing justice, and creating certainty by promoting environmental restorative justice, enhancing multi-instrument law enforcement, and fostering collaboration among multiple stakeholders. This multi-instrument legal framework not only addresses violations but also aims to restore trust, support affected communities, and protect Indonesia’s rich natural resources for future generations.

This discussion aims to bring together experts, policymakers, and practitioners to provide actionable recommendations for strengthening environmental law enforcement and promoting restorative justice as a critical component of Indonesia’s climate change mitigation strategy.

Live Stream

Presentations

Opening Remarks - Keynote Speaker

Christine Adam

Director and Principal Legal Adviser, UNFCC

Rasio Ridho Sani

Director General of Law Enforcement, Ministry of Environment and Forestry, Republic of Indonesia

Speakers

Bambang H Mulyono

Head of the Research, Development Education and Training Agency for Law and Judiciary, Supreme Court Indonesia

Neva Sari Susanti

Coordinator of the Deputy for General Crimes, Attorney General's Office of the Republic of Indonesia.

Fuad Hasan

Financial Transaction Analyst, Indonesia Financial Transaction Reports and Analysis Centre (PPATK)

Raynaldo G. Sembiring

Executive Director, Indonesian Center for Environmental Law (ICEL)

Moderator

Syaharani

Head of Environmental Governance and Climate Justice Division, Indonesian Center for Environmental Law (ICEL)

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