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  • Halfway There: Indonesia’s Adat Law towards Right of Nature Frameworks, Case-Based Reflections from Indonesia, the Philippines and Malaysia

Halfway There: Indonesia’s Adat Law towards Right of Nature Frameworks, Case-Based Reflections from Indonesia, the Philippines and Malaysia

Year of Publication: 2025
Month of Publication: 12
Author(s): Linda Yanti Sulistiawati
Research Area(s): Environmental Law
Name of Working Paper Series:

NUS Law Working Paper No. 2025/021

NUS Asia-Pacific Centre for Environmental Law Working Paper 25/04

WPS Paper Number: LAW-WPS-2521
Abstract:

Indonesia currently does not have legislation that explicitly recognizes the Rights of Nature (RoN). However, its 1945 Constitution acknowledges Adat (indigenous or customary) law, which regards nature as sacred and inherently endowed with rights. Foundational national laws-such as the 1960 Basic Agrarian Law and the 2009 Environmental Protection Lawalso embed principles of environmental stewardship and indigenous rights. In practice, both Adat and national legal frameworks are employed to address regulatory gaps in environmental governance.

This paper explores Indonesia's Adat-based approach to RoN through selected case studies, and compares it with legal innovations in the Philippines (e.g., the recognition of resident marine mammals in the Tañon Strait Protected Seascape) and Malaysia (e.g., the Sabah Nature Conservation Agreement). The study highlights the potential of Indonesia's existing Adat framework to evolve into a more robust system of environmental protection. It recommends legal reforms to formally recognize ecosystems as legal persons, enhance the integration of Adat law into national legislation, and promote judicial capacity-building on RoN principles.

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