What Might Future Rights-Based Climate Litigation Look Like in Indonesia? A Preliminary Analysis

Abstract

While there has been some climate litigations in Indonesia, a rights-based climate case has yet to emerge. On the other hand, several rights-based environmental cases have seen the light of day before the Indonesian courts, although with more failures than successes. This note explores the prospects and challenges for future rights-based climate litigation in Indonesia by reflecting on previous climate and rights-based environmental cases. At the same time, with reference to Urgenda, this note recognizes a growing global discourse on transnational climate litigation, unveiling the possibility of replicating successful climate litigation strategies from one jurisdiction to another. This note inquires into what potential plaintiffs can learn from Urgenda and previous Indonesian climate and rights-based environmental litigation to strategize future rights-based climate lawsuits before Indonesian courts.