Bridging the Implementation of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress in Indonesia

Indonesia, which has inherited abundant genetic resources, as a party to the CBD has the responsibility to perform its commitment to protect, preserve, and sustainably manage its biological diversity. Yet, the issue of liability and redress mandated by the NKL-Supplementary Protocol has not been considered as main agenda by the government. This article attempts to explore the existing regulations in Indonesia related to the issue of liability and redress of transboundary movement of living modified organisms. It has become an urgent issue to respond to the ongoing development of transgenic crops in Indonesia. Yet, the Indonesian Government appears not to be well aware of the NKL Supplementary Protocol. Discussion on existing regulations can be used to describe the readiness of Indonesia and its national legal system to support the implementation of the NKL Supplementary Protocol on Liability and Redress.

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, particularly 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.