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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 2 (2026)
Civil liability and indigenous environmental justice in plantation expansion: Lessons from the Aru Islands, Indonesia
Authors
Yosia Hetharie, Novyta Uktolseja, Yanti Amelia Lewerissa
Abstract
This study examines the application of civil liability principles for environmental damage caused by plantation expansion in the Aru Islands Regency and identifies the legal obstacles and solutions in its implementation. Using a socio-legal approach, this research integrates doctrinal analysis of environmental law with empirical findings derived from field interviews involving indigenous communities, local authorities, corporations, and environmental stakeholders. The findings reveal that although the legal framework particularly Law No. 32 of 2009 on Environmental Protection and Management and its amendments recognizes strict liability as a basis for holding corporations accountable, its implementation remains ineffective due to weak supervision, limited institutional capacity, evidentiary challenges in proving causation, and low legal awareness among affected communities. The study further demonstrates that environmental damage not only degrades ecological systems but also undermines indigenous land rights and socio-economic structures. Legal obstacles are exacerbated by regulatory inconsistencies, limited access to justice, and conflicting economic interests at the local level. This research proposes strengthening regulatory enforcement, enhancing community legal empowerment, improving intergovernmental coordination, and integrating local wisdom into environmental governance. These measures are essential to ensure effective civil liability enforcement and to achieve substantive environmental justice in regions affected by large-scale plantation expansion.
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Pages:257-262
How to cite this article:
Yosia Hetharie, Novyta Uktolseja, Yanti Amelia Lewerissa "Civil liability and indigenous environmental justice in plantation expansion: Lessons from the Aru Islands, Indonesia". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 257-262
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