Justice for Peoples, Rights for Nature: Securing Indigenous Environmental Justice in Decolonising Indonesian Law
Year: 2026
Type: article
Abstract: The triple planetary crisis highlights the limitations of legal systems in effectively addressing environmental degradation. This failure is rooted in Western legal traditions, which treat nature as an object for exploitation. In contrast, Indigenous Environmental Justice (IEJ) has long viewed nature as a living entity with spirit, agency, and inherent rights. However, Indonesian law, shaped by colonial legacies, continues to marginalise these worldviews, repressing both nature and Indigenous peoples. This study aims to examine how recognising the rights of nature through the lens of IEJ can contribute to decolonising Indonesian law. A qualitative approach is employed, using a doctrinal framework with a descriptive-analytical focus. The study argues that recognising nature as a legal subject offers a transformative path for decolonising environmental governance in Indonesia. Such recognition challenges the colonial foundations of Indonesian law and encourages a reciprocal human-nature relationship. It also supports the fulfilment of environmental rights for Indigenous peoples. IEJ contests the legal dominance of the State, which has failed to protect the rights of all living beings. The recognition of nature’s rights must be accompanied by legal reforms that embed Indigenous knowledge at the core of environmental governance in order to effectively address the triple planetary crisis.
Institution: Diponegoro University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7153442205