Climate Litigation In Indonesia

There are many different opinions on climate change lawsuits. Some say that almost anything can be considered a climate change case due to contributions from our daily activities. However, we usually concentrate more on cases that are directly related to reducing greenhouse gas emissions or dealing with climate change impacts, such as extreme weather or rising sea levels. People can sue companies or governments to make better climate change rules in cases like these.

Legal experts argue that we should not only pay attention to big cases that address climate change, but should also pay attention to smaller cases or those that are indirectly related to climate change. While these cases may seem trivial, they can provide important lessons for judges.

Indonesia has done a lot to address climate change, especially after becoming a member of various international agreements such as the Paris Agreement and the UNFCCC. The purpose of these rules is to reduce greenhouse gas emissions. Regulations, for example, govern action plans and greenhouse gas inventories. Indonesia also has a goal to reduce greenhouse gas emissions, which has been updated several times.

As mentioned earlier, national regulations should help Surabaya city government to create local policies for climate change mitigation. Greening programs, the use of renewable energy, or better waste management are some examples of these policies.

In addition to mitigation, Surabaya should prepare itself for the impacts of climate change. Adaptation strategies such as better water resource management, early warning systems, or disaster-resistant infrastructure can be based on national regulations.

To better understand the impact of climate change in Surabaya, I will talk to Puan Diva, a student from Airlangga University who is currently living in Surabaya.

"When I first came to Surabaya, I really felt the magnitude of the climate change from my hometown to the city of Surabaya," explains Puan Diva.

Puan Diva also gave her opinion on the government's efforts to tackle climate change. "I hope the Surabaya City government pays attention to climate change by planting more greenery to reduce the heat of Surabaya and this extreme climate change."

This study investigated 112 environmental law cases from 2010 to 2020. These cases come from different levels of courts in Indonesia. This research will only discuss criminal and civil cases as there are too many factors to consider in administrative and judicial review cases related to climate change.

A key point from this research is that climate change is used as an effect of the first argument rather than as the main argument. For example, in forestry cases relating to forest fires or illegal logging, plaintiffs argue that microclimate systems will be stressed if forest areas are damaged, which will exacerbate global climate change.

Second, criminal case documentation shows that knowledge of climate change is very low. This is demonstrated by the few judgments and indictments that mention climate change as a result of illegal logging or forest fires, such as floods, droughts and landslides, as only one of the impacts of forest system changes.

Third, the judges deciding these cases may know how severe or possibly negative the impacts of these cases are on the environment and climate as most of them relate to forestry and the environment. In the Indonesian judicial system, there are judges who are certified in environmental law.

Fourth, 72 cases were cases of forest fires or other forestry issues. This shows that forestry cases are closely linked to climate change issues and that there is scientific evidence linking the two. By linking forestry cases with scientific evidence of climate change, the likelihood of prosecution of such cases increases.

Lastly, these lawsuits also include human rights claims in addition to environmental issues. Several cases relating to forest fires and mining demonstrate violations of local communities' rights to clean air and water. In the case of Prosecutor v. Hairil, for example, the Pangkalan Bun District Court stated that environmental damage caused by violations of the law can have a negative impact on human welfare.

In conclusion, the growing number of climate change cases being decided in Indonesian courts shows how important the issue is. During the 2010-2020 research period, climate change issues were being contested in Indonesian courts. The study found that of the 112 "incidental" climate change-related litigation cases in Indonesia from 2010 to 2020, most led to favorable outcomes, rather than "core" climate change litigation cases, which can be easily overlooked.