Environmental protection is no longer just a global talking point; it is a legally binding commitment that shapes how businesses operate and how resources are preserved in Indonesia. By looking into the nation’s environmental regulations, this article breaks down how universal principles of sustainability and accountability are practically applied to safeguard the environment for both present and future generations.
Table of Contents
Historical Context of Principles of Environmental Law
In the context of environmental law, awareness and movement began at the international level. Indonesia, as part of this global community, has been taken a role in this movement and adheres to international/universal principles.
The first world conference to prioritize environmental issues was held in Stockholm from 5-16 June 1972. The conference produced a declaration, which is the “Declaration of the United Nations Conference on the Human Environment,” commonly known as the Stockholm Declaration. The Stockholm Declaration contained 26 (twenty six) principles concerning environment. This declaration was created with the need for a common perspective and common principles to inspire and guide the global community in environmental preservation and improvement.
The first world conference to prioritize environmental issues was held in Stockholm from 5-16 June 1972
The next important milestone in international environmental law was the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro from 13-14 June 1992. This conference also produced a declaration, which is the “Rio Declaration on Environment and Development,” commonly referred to as the Rio Declaration. The Rio Declaration contained 27 principles concerning the environment. The Rio Declaration was affirmative and was drafted with reference to the Stockholm Declaration, with the aim of establishing global cooperation.
Due to their diplomatic declaration nature, the Stockholm Declaration and the Rio Declaration are not legally binding. However, both declarations have been accepted and understood to reflect customary international law. The principles of environmental law in Indonesia have largely adopted the principles contained in the Stockholm Declaration and Rio Declaration. This article will discuss several specific environmental legal principles applicable in Indonesia, which were adopted from the Stockholm Declaration and Rio Declaration.
Environmental Law Principles in Indonesia
Environmental protection and management in Indonesia are implemented based on 14 (fourteen) principles stipulated in Article 2 of the Indonesian Environmental Law. Of the 14 (fourteen) principles, we will only discuss the precautionary principle, preservation and sustainability, and the polluter pays principle.
Precautionary Principle
The precautionary principle in environmental law in Indonesia is regulated in Article 2 letter f of the Indonesian Environmental Law and Article 27 and Article 47 of the Supreme Court Regulation on Environmental Cases, and has developed in various jurisprudence. The Indonesian Environmental Law explains the purpose of the precautionary principle, namely “…that uncertainty regarding the impact of a business and/or activity due to limited mastery of science and technology is not a reason to delay steps to minimize or avoid threats to environmental pollution and/or damage.”
The precautionary principle in Article 2 letter f of the Indonesian Environmental Law clearly adopts the precautionary principle stated in Principle 15 of the Rio Declaration. Principle 15 of the Rio Declaration states that:
“In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”
The precautionary principle has developed and is applied in the judicial practice of environmental law in Indonesia. The Supreme Court Regulation on Environmental Cases defines this precautionary principle as a principle that “prioritizes preventive measures when faced with uncertainty in proving serious impacts that will occur or that occur as a result of a business and/or activity due to limited mastery of science and technology or differences in expert testimony.” If there is uncertainty in the scientific evidence or proof of causality and impact in an environmental case, the judge examining the environmental case needs to apply the precautionary principle. The application of the precautionary principle must take into account the existence of serious threats that are potentially irreversible, the existence of scientific uncertainty in determining the causal relationship between the activity/business and its impact on the environment, and prioritize efforts to prevent environmental damage.
Precautionary principle is a principle that “prioritizes preventive measures when faced with uncertainty in proving serious impacts that will occur or that occur as a result of a business and/or activity due to limited mastery of science and technology or differences in expert testimony.”
In the judicial practice of environmental law, the precautionary principle is considered in several court decisions, such as in the Mandalawangi case and in Decision Number 456/Pdt G-LH/2016/PN Jkt Sel. Both of these cases have been discussed and commented on in an article entitled “Application of precautionary principle in environmental cases” written by Dr. Eddy Marek Leks, FCIArb, FSIArb.
Principle of Preservation and Sustainability
The principle of preservation and sustainability (kelestarian dan keberlanjutan) is regulated in Article 2 letter b of the Indonesian Environmental Law. What the Indonesian Environmental Law means regarding the principle of preservation and sustainability is “…that every person bears obligations and responsibilities towards future generations [intergenerational] and towards fellow human beings within the same generation [intragenerational] by making efforts to preserve the carrying capacity of the ecosystem and improve the quality of the environment.”
Principle of preservation and sustainability is “…that every person bears obligations and responsibilities towards future generations [intergenerational] and towards fellow human beings within the same generation [intragenerational] by making efforts to preserve the carrying capacity of the ecosystem and improve the quality of the environment.”
The definition of the principle of preservation and sustainability is closely related to the universally recognized concepts of intergenerational equity and intragenerational equity. The Stockholm Declaration states that protecting and improving the environment for current and future generations has become an “imperative goal for mankind.” Principle 1 and Principle 2 of the Stockholm Declaration further regulate this concept, namely that the environment that allows for a life of dignity and well-being, as well as natural resources (including air, water, land, flora, and fauna) must be maintained for the benefit of current and future generations. The Rio Declaration defines sustainable development as meeting the needs of the current generation without compromising the ability of future generations to meet their own needs.
One can find how the principle of preservation and sustainability is practically applied in Indonesian courts in the Supreme Court Regulation on Environmental Cases. First of all, the first point of consideration for the issuance of the Supreme Court Regulation on Environmental Cases is that
“The Supreme Court and the judicial bodies underneath have the authority to adjudicate environmental cases by producing decisions that can realize sustainable development, … and guarantee the realization of environmental justice and climate justice for the current and future generations of the Indonesian nation.”
Furthermore, in the regulation application of the precautionary principle, serious threats to the environment and health that must be considered by the judge are those to the current and future generations.
Regarding environmental preservation, the Supreme Court Regulation on Environmental Cases specifically regulates it in the context of lawsuits by environmental organizations and in the context of environmental mediation. In the context of lawsuits by environmental organizations, the Supreme Court Regulation on Environmental Cases stipulates that such lawsuits may be filed in the interests of preserving environmental functions and by environmental organizations that affirm the objective of preserving environmental functions in their articles of association. In the context of environmental mediation, the mediator and the examining judge are required to ensure that the settlement agreement also formulates the interests of protecting and preserving environmental functions. If the settlement agreement is detrimental to the interests of protecting and preserving the environment, the examining judge is required to refuse to ratify the settlement agreement.
Polluters Pay Principle
Principle 22 of the Stockholm Declaration first stated that all countries work together to develop international law governing liability and compensation for victims of pollution. Furthermore, Principle 13 of the Rio Declaration mandated all countries to develop national laws regarding liability and compensation for victims of pollution and other environmental damage. In Indonesia, this mandate is realized through the regulation of the polluter pays principle.
The polluter pays principle in Indonesia is regulated in Article 2 letter j of the Indonesian Environmental Law. The polluter pays principle is “…that every person responsible whose business and/or activity causes environmental pollution and/or damage is obliged to bear the costs of environmental restoration.” As a realization of this principle, Article 87 of the Indonesian Environmental Law further stipulates that, “Every person responsible for a business and/or activity who commits an unlawful act [perbuatan melanggar hukum – PMH] in the form of environmental pollution and/or damage that causes harm to other people or the environment is obliged to pay compensation and/or take certain actions.”
The Supreme Court Regulation on Environmental Cases also regulates environmental pollution and/or damage in the context of the resulting losses. This has been discussed in detail in the article “Polluter Pays: Understanding Critical Environmental Compensation Cost and Regulatory Compliance” by Irwansyah D. Mahendra.
QThe polluter pays principle is “…that every person responsible whose business and/or activity causes environmental pollution and/or damage is obliged to bear the costs of environmental restoration.”
Indonesia’s Environmental Law in Action
The regulation of environmental law principles in Indonesia essentially adopts and adheres to universally applicable principles. The precautionary principle, the principle of sustainability, and the polluter pay principle have been regulated in Indonesia in such a way that they are not only an abstract principle but also practical regulations in resolving environmental cases.
Author
Yosefin started her professional career as a litigation Lawyer at Kantor Hukum Tirta & mitra, and SKY & Partners Law Office. She expanded her experience to PT Sarana Pactindo and PAC Group, an IT banking company group, as Corporate IT Legal. Yosefin joined Leks&Co as Mid-Level Associate in 2024 after obtaining a Master’s degree from University of Groningen, The Netherlands.
Editor
Dr Eddy Marek Leks, FCIArb, FSIArb, is the founder and managing partner of Leks&Co. He has obtained his doctorate degree in philosophy (Jurisprudence) and has been practising law for more than 20 years and is a registered arbitrator of BANI Arbitration Centre, Singapore Institute of Arbitrators, and APIAC. Aside to his practice, the author and editor of several legal books. He led the contribution on the ICLG Construction and Engineering Law 2023 and ICLG International Arbitration 2024 as well as Construction Arbitration by Global Arbitration Review. He was requested as a legal expert on contract/commercial law and real estate law before the court.
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Reference:
International Declaration
- Declaration of the United Nations Conference on the Human Environment. Stockholm. 1972.
- Rio Declaration on Environment and Development. Rio de Janeiro. 1992.
Indonesian Law and Regulation
- Law Number 32 of 2009 on Environmental Protection and Management, as amended by Law Number 6 of 2023 on the Enactment of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law.
- Supreme Court Regulation Number 1 of 2023 on Guidelines for Adjudicating Environmental Cases
Others
- Handl, Gunther. Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration), 1972, and the Rio Declaration on Environment and Development, 1992. https://legal.un.org/avl/pdf/ha/dunche/dunche_e.pdf. accessed on 16 July 2026.
- United Nations. Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972. https://docs.un.org/en/A/CONF.48/14/Rev.1. accessed on 15 July 2026.
- United Nations. Rio Declaration on Environment and Development: draft principles / proposed by the Chairman. http://digitallibrary.un.org/record/141565?ln=en&v=pdf. accessed on 16 July 2026.
- Weiss, Edith Brown. Intergenerational Equity. https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1421?d=%2F10.1093%2Flaw%3Aepil%2F9780199231690%2Flaw-9780199231690-e1421&p=emailAO4bZ7zkNzytk. accessed on 16 July 2026.
