Yayasan Wahana Lingkungan Hidup Indonesia v. Governor of Bali and others
Jurisdiction: Supreme Court of Indonesia
Principle law(s): Law 32/2009 Environmental Protection and Management
Side A: Yayasan Wahana Lingkungan Hidup Indonesia (Ngo)
Side B: Governor of Bali and others (Government)
Core objectives: Whether climate change should be considered as part of actual damage.
SummaryIn 2012, an environmental organization, Wahana Lingkungan Hidup, filed a lawsuit against the Governor of Bali for issuing a permit to establish tourist accommodation facilities in a mangrove ecosystem area, which is included in a forest park area (Taman Hutan Raya) which is supposed to be excluded from possible commercial use. The plaintiff argued that the issuance of the permit was against the 2009 EPMA and Government Regulation No. 36 of 2010 on Nature Tourism Business in Wildlife Sanctuaries, National Parks, Grand Forest Parks and Nature Tourism Parks because it did not involve the community in the permit application process and had the potential to cause damage to the mangrove ecosystem. The plaintiff argued that the logging of mangrove trees in the permit area can hinder the mangroves’ function in mitigating climate change since mangrove forests have a much greater ability to absorb CO2 than other tropical land forests.
Related laws and policies
This law formally recognises that decreasing environmental quality is a serious problem for Indonesia, and that climate change presents further systemic threats. It seeks to ensure that development is underpinned with the principle of sustainably and environmentally sound development principles. ...