Environmental activists are calling on the Indonesian government to align national climate legislation with an advisory opinion from the International Court of Justice (ICJ). Issued in July 2025, the nonbinding opinion outlines that states have obligations under international law to address the climate crisis, protect the environment, and safeguard the rights of present and future generations. Advocates argue that current legislative efforts disproportionately favor carbon market investments over the urgent needs of vulnerable populations.
Climate Justice vs. Market Mechanisms
The Indonesian Forum for the Environment (Walhi) warns that the ICJ opinion will have little practical impact without stronger political commitment from the government. According to Walhi legal advocacy manager Christine Constanta, the government’s pending climate change bill disproportionately emphasizes market-based mechanisms like carbon trading. Constanta stated that Indonesia must move beyond a focus on investment to prioritize a “genuine commitment to climate justice.”
The climate change bill is currently listed as a priority within the House of Representatives’ National Legislation Program (Prolegnas). However, the draft law has not entered into formal deliberation with the government. The House Legislation Body (Baleg) suspended its harmonization process earlier this year due to potential overlaps with the 2009 Environmental Protection and Management Law. While some lawmakers have proposed merging the two, environmental activists oppose this, citing concerns that it would create a law covering wider aspects with an unclear focus.
Did You Know?
Indonesia was a cosponsor of the 2023 United Nations resolution, led by Vanuatu, that formally requested the ICJ to provide an advisory opinion on the legal obligations of states regarding the climate crisis.
The Human Cost of Emissions
Although Indonesia is among the world’s top 10 largest greenhouse gas emission producers, its per capita emissions remain relatively low. Prischa Listiningrum, a law lecturer at Brawijaya University, notes that this disparity suggests planet-heating emissions are concentrated in carbon-intensive industries while poor communities that contribute little to the problem often bear the worst impact of the crisis. Listiningrum described the lack of serious government adaptation efforts as a violation of the rights to a healthy environment and an adequate livelihood.
The impact of this policy gap was highlighted by Tropical Cyclone Senyar in late 2025. The disaster, which caused deadly floods and landslides in northern Sumatra, exposed “weaknesses in early warning systems”. Rabin Daniel Nainggolan of the Indonesian Center for Environmental Law (ICEL) has urged the government to use the ICJ’s opinion as a guiding framework. This approach would integrate climate mitigation and adaptation, and specific protections for indigenous people, women and other vulnerable communities into the foundation of national climate governance.
Expert Insight:
While the ICJ opinion is nonbinding, it provides a legal benchmark that activists are now using to hold domestic policymakers accountable.
Frequently Asked Questions
What is the primary goal of the ICJ advisory opinion?
The opinion outlines state obligations to address the climate crisis, protect the environment, and safeguard the rights of current and future generations, while establishing 1.5 degrees Celsius as the “primary temperature goal” for nations.
Why is the climate change bill currently stalled in the House?
The harmonization process at the House Legislation Body was suspended because provisions in the draft law overlap with the 2009 Environmental Protection and Management Law.
What do activists want the government to change in its climate policy?
Activists, including those from Walhi and ICEL, are pushing for a shift away from a primary focus on carbon trading and market investments toward a framework centered on climate justice, adaptation, and the protection of vulnerable communities.
How should the government balance economic growth with the urgent need for climate adaptation to protect its most vulnerable citizens?
