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Climate Change Related Litigation in Indonesia: The Dawn of a New Beginning?

Year of Publication: 2023
Month of Publication: 2
Author(s): Linda Yanti Sulistiawati
Research Area(s): Environmental and Climate Change
Name of Working Paper Series:

NUS Law Working Paper No. 2023/009

NUS Asia-Pacific Centre for Environment Law Working Paper 23/03

WPS Paper Number: LAW-WPS-2309
Abstract:

Globally, climate change litigation is increasing. This study found that in Indonesia, 112 climate change related litigation cases have been brought to court between 2010 and 2020. This includes all cases using ‘climate change’ as key words in their main claim, argument, evidence, expert witness’ argument, and judgments. Climate change has been cited at all levels (District, Appellate, and Supreme Court) and in areas of law including criminal, civil, and judicial review. According to Peel and Osofsky’s definition, these cases not the ‘core climate change related litigation cases’, nor that they are ‘peripheral climate change related litigation, as these cases are incidental climate change related litigations. However, this study opines that these cases are important in the development of climate change litigation in Indonesia. Thus, this study identifies relevant criminal and civil climate change related litigation cases between 2010 and 2020 in Indonesia, and examines what factors drive climate change related litigation there

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