Abstract
Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on the several existing regulation, Indonesia, to some extent has the readiness to implement the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress. This finding should be supported with more intens discussion on the protocol.
Highlights
It was the International Year of Biodiversity in 2010
Indonesia as a mega biodiversity country has already ratified the Nagoya Protocol with Law Number 11 Year 2013. Another additional result that came out of the Nagoya meeting at the time, namely the Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol), which was agreed upon at MOP5 2010.2 While Protocol ABS is a direct additional protocol to the Convention on Biological Diversity, the NKL-Supplementary Protocol is an additional protocol to The Cartagena Protocol which was adopted in 2000 and entered into force in 2003
In view of the main objective of this article, namely to provide a brief description of the existing liability and redress regulations in Indonesia, the following conclusions can be drawn from the foregoing elaboration
Summary
It was the International Year of Biodiversity in 2010. The theme chosen by the United Nations at the time was “Biodiversity is Life, Biodiversity is Our Life”. Indonesia as a mega biodiversity country has already ratified the Nagoya Protocol with Law Number 11 Year 2013 Another additional result that came out of the Nagoya meeting at the time, namely the Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol), which was agreed upon at MOP5 2010.2 While Protocol ABS is a direct additional protocol to the Convention on Biological Diversity, the NKL-Supplementary Protocol is an additional protocol to The Cartagena Protocol which was adopted in 2000 and entered into force in 2003. After a brief overview of the NKL Supplementary Protocol, this article discusses the available liability and redress mechanism provided for in the Indonesian legal system, under civil law as well as regulations on the environment, food, health, consumer protection, hazardous substances, and plantations. The following discussion is outlined with the existing rules of liability; mechanism to claim and compensate in environmental matters; responsible parties related to biosafety; and existing legal exemptions
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