Mechanism to Claim and Compensate in Environmental Matters

e. Citizen Lawsuit (actio popularis)

A citizen suit or actio popularis is a lawsuit by a private citizen to enforce a statute. It is prevalent in common law countries, but not in Indonesia. The initiative of citizen lawsuit started in 2002, when Munir, et. al from Migrant Care Indonesia filed an actio popularis lawsuit before Pengadilan Negeri Jakarta Pusat (Central Jakarta District Court) suing the President for negligence in acting effectively thus neglecting the

migrant workers in Nunukan who were deported from Malaysia. The judge accepted and approved the claim. The result of this effort is Law Number 39 Year 2004 regarding

the Placement and Protection of Indonesian Migrant Workers. 43 Following are some specific elements of actio popularis lawsuit: 1) the petitum of

43 Ana Shabana Azmy, “Negara dan Buruh Migran Perempuan: Kebijakan Perlindungan Buruh Migran Perempuan Indonesia Masa Pemerintahan Susilo Bambang Yudhoyono 2004-2010 (Studi Terhadap Per-

lindungan Buruh Migran Perempuan Indonesia Di Malaysia),” [The State and Women Migrant Workers: Policy for the Protection of Indonesian Women Migrant Workers During the Governance of Susilo Bambang Yudhoyono 2004-2010 (A Study of the Protection of Indonesian Women Migrant Workers in Malaysia)]. (Thesis Faculty of Social Science and Politic Universitas Indonesia, Jakarta 2011).

INDONESIA Law Review

IMPLEMENTATION OF NAGOYA-KUALA LUMPUR SUPPLEMENTARY PROTOCOL

the claim must contain a request ordering the State (government) to issue a public policy or regulation (regeling) in order to stop and prevent any redundancy of the

alleged negligence; 2) the petitum cannot contain any dismissal of administrative decree which is concrete, individual, and final; 3) the petitum cannot contain either a dismissal of law and under the hierarchy. 44