Lessons from a Decade of Indonesia Environmental Litigation: Accommodating Public Interests in Civil Liability Cases

Fajrini, Rika

Abstract

This paper analyses 321 civil environmental cases in Indonesia from 2009 to 2022, identifying patterns and trends over the past decade. The findings reveal a growing public interest dimension in these civil cases, marked by the rise of public interest litigation, the expansion of legally recognised harms as liability base and the shift toward restorative remedies. Despite the presence of a specialised environmental law, the cases are still trialled within a mix of private law framework, which has its limitation in accommodating public interest. The cases show the needs for a harmonious coexistence between public and private law in environmental liability.

Citation

Fajrini, R. (2025). Lessons from a Decade of Indonesia Environmental Litigation: Accommodating Public Interests in Civil Liability Cases. Law, environment and development journal, 21(1), 129 - 156. https://doi.org/10.25501/soas.00506562

• Journal Article Type: Article
• Acceptance Date: Jun 9, 2025
• Publication Date: Jun 1, 2025
• Deposit Date: Jun 21, 2025
• Publicly Available Date: Jun 24, 2025
• Electronic ISSN: 1746-5893
• Publisher: SOAS University of London
• Peer Reviewed: Peer Reviewed
• Volume: 21
• Issue: 1
• Pages: 129 - 156
• DOI: https://doi.org/10.25501/soas.00506562
• Publisher URL: https://lead-journal.org/content/a2107.pdf