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[Working Paper] Halfway There: Indonesia’s Adat Law towards Right of Nature Frameworks, Case-Based Reflections from Indonesia, the Philippines and Malaysia
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 Law also 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 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.
Keywords: Rights of Nature, Adat (Indigenous/Customary) Law, Indonesia Environmental Law
Download the paper here
More about the author at: https://law.nus.edu.sg/apcel/people/linda-yanti-sulistiawati/