Climate Justice and Environmental Law: Reform or Reinforcement of Inequality

Abstract

This paper explores the intersection of climate justice and environmental law in Indonesia, critically assessing whether current legal frameworks serve to reform or reinforce social inequalities. Despite Indonesia’s commitment to international climate agreements like the Paris Accord, its domestic environmental policies frequently fail to prioritize the rights of marginalized communities—particularly indigenous peoples and low-income groups—who are most affected by climate change. Through an examination of key legislation, such as the Indonesian Climate Change Law, the paper reveals that current policies, driven by economic growth imperatives, often neglect vulnerable populations, thereby deepening socio-environmental disparities. The study also investigates the role of the judiciary in climate justice, questioning whether it provides meaningful access to legal remedies for those disproportionately harmed by environmental degradation. In contributing to both the national and international debate on climate justice, this research argues for a shift towards a more inclusive, rights-based legal approach that ensures the protection and empowerment of vulnerable communities in climate action. The paper also emphasizes the need for reform in Indonesia’s climate laws to address the existing legal gaps and environmental justice issues. This paper advances the climate justice discourse by offering a critical analysis of the potential for environmental law to either perpetuate or alleviate inequality. By highlighting the role of legal systems in promoting or obstructing equity, it calls for reforms that integrate human rights and social justice, offering lessons for global efforts to ensure fair and inclusive climate action.