Comparative Legal Analysis on Climate Change Litigation Between Australia and Indonesia (Case Study of Bushfire Survivors v. EPA and Arie Rompas et al v. Government of Indonesia et al) = Comparative Legal Analysis on Climate Change Litigation Between Australia and Indonesia (Case Study of Bushfire Survivors v. EPA and Arie Rompas et al v. Government of Indonesia et al)

NURUL HABAIB AL MUKARRAMAH H IRFAN (B011191287), thesis titled “Comparative Legal Analysis on Climate Change Litigation Between Australia and Indonesia (Case Study of Bushfire Survivors v. EPA and Arie Rompas et al v. Government of Indonesia et al)” under the supervision of Laode M Syarif and Birkah Latif.The absence of climate change regulatory framework in Indonesia and Australia have emerged as a novel challenge for judiciary body in each country to utilize various approach as a strategy to hear and adjudge climate change lawsuits to request for certain parties’ responsibility. This research aims to analyze climate change litigation in Australia and Indonesia through case study selected from New South Wales Land and Environment Court, and District Court of Palangkaraya.
This research utilizes comparative legal method, as a part of normative legal research. Through a statutory and micro-level case comparison approach, this research compares and contrasts Indonesian and Australian legal and judicial system, different processes of climate litigation, and judiciary body approaches in hearing and adjudging climate change cases. The primary research material includes international, Indonesian, and Australian source of law. Secondary research material includes textbooks, journal article, and conference papers. Tertiary material includes dictionary, internet source, and reports. All collected research material is analyzed in a qualitative and descriptive manner.The result of this research reveals that: 1) The contrasting legal system, and different use of approach in legal argument construction in climate change lawsuits, have influenced the strategy of judiciary body to utilize judicial activism, or restraint approach in hearing climate cases. 2) The comparison of the two cases have been able to contribute to the development of climate litigation by identifying and analyzing suitable strategies for judiciary body to hear and adjudge climate litigation cases.

Keywords : Australia, Climate Change, Climate Litigation, Comparative Law, Indonesia