The Indonesian judicial system provides two forms of public-interest litigation: class actions and citizen lawsuits. The key distinctions between class actions and citizen lawsuits are as follows:
A. Class Action
Under Article 1 (a) of the Supreme Court Regulation Number 1 of 2002 on Class Action Proceedings (“Perma No. 1 of 2002”), a class action is defined as a procedure for the submission of petitions, in which one or more persons who represent(s) a group submit(s) a petition for himself or themselves and concurrently represent(s) a great number of people with the same fact or legal basis among the representative of the group and the members of the group. A class action requires commonality in legal issues, facts, claims, and damages (see Article 2 of the Perma No. 1 of 2002). Its objectives include efficiency, broader access to justice, and deterrence of future violations.[1]
Subsequently, Article 30 (1) of Supreme Court Regulation No. 1 of 2023 on Guidelines for Hearing Environmental Cases allows individuals, business entities, environmental organizations, and both central and regional governments to file lawsuits against activities causing environmental pollution or damage. The regulation also stipulates that environmental issues may be brought as class actions under Article 91 of the Law Number 32 of 2009 on Environmental Protection and Management (“UU PPLH”) and Perma No. 1 of 2002.
The UU PPLH further grants environmental organizations the right to filing a lawsuit in the interest of environmental protection. However, only organizations that fulfill the following criteria are eligible to file a lawsuit (see Article 34 of Perma No. 1 of 2023):
- legal entity or organization duly recognized by a competent authority;
- its articles of association expressly state that the organization was established for environmental purposes;
- in the interest of preserving environmental functions, it has carried out concrete activities in accordance with its articles of association for a minimum period of two (2) years, including but not limited to seminars or environmental advocacy, as evidenced by activity reports, annual reports, documentation, or other relevant information; and
- the claim is limited solely to the performance of specific actions and does not include a demand for compensation, except for actual costs or expenditures such as laboratory fees and litigation expenses.
The following cases illustrate judicial determinations rendered by the court:
| No. | Court Decision | Explanation |
| 1. | Supreme Court Decision Number 535 PK/Pdt/2018 | The essence of this class action lawsuit is to represent approximately 547 clients (customers) who have suffered financial losses. These losses arose because the defendants were deemed to have committed breach of contract or broken their promises by not fulfilling the customers’ rights to withdraw or liquidate their funds, whether savings or deposits that had been deposited.
|
| 2. | Supreme Court Decision Number 1794/K/Pdt/2004 | This class action lawsuit focuses on compensation claims filed by victims of the Mount Mandalawangi landslide in Garut. The victims are suing Perum Perhutani (as the forest manager) and other government agencies because the landslide occurred as a result of the alleged conversion of protected forest into limited production forest. This lawsuit is based on the principle of strict liability for loss of life and property. In Decision Number 1794 K/Pdt/2004, the Court granted the class action lawsuit, ordering the Defendants to pay compensation to the victims and to restore the environment. The success of this case shows that the application of representative lawsuits is in accordance with existing regulations and provides certainty of compensation for people seeking justice.
|
B. Citizen Lawsuit
A citizen lawsuit, also referred to as an actio popularis, is a civil litigation mechanism before the court, filed by citizens in the public interest. Every citizen is entitled to bring such an action even the one who is not directly having suffered personal loss; provided that they can prove their Indonesian nationality. The principal defendant is the state or government authority alleged to have been negligent in fulfilling citizens’ rights, while other parties may be joined as co-defendants. The fundamental legal basis of a citizen lawsuit is an unlawful act, with the petitum requesting the state to issue a general regulatory policy (regeling) to prevent further negligence, without seeking material compensation or annulment of administrative/state decisions or statutes.
Citizen lawsuits in Indonesia are a progressively developing legal doctrine, rooted in Article 1365 of the Civil Code concerning unlawful acts (PMH) and reinforced by the guarantee of human rights in Article 28 of the 1945 Constitution and Articles 5 and 10 of Law No. 48 of 2009 on Judicial Power. Procedurally, a citizen lawsuit is guided by Supreme Court Decree No. 36/KMA/SK/II/2013 and has a strong sectoral foundation in environmental issues (Article 92 of UU PPLH). Arguably, the first judicial recognition of citizen lawsuit emerged from the Central Jakarta District Court Decision No. 28/Pdt.G/2003/PN.JKT.PST on the protection of migrant workers. Its development reached a significant stage in environmental cases (e.g., Decision No. 374/Pdt.G/LH/2019/PN Jkt. Pst.), where the court clearly recognized state negligence as an unlawful act, although it remained cautious about explicitly describing it as a human rights violation.
On the other hand, Article 35 of Supreme Court Regulation No. 1 of 2023 affirms that citizens may file an unlawful act lawsuit before the district court, with claims (petitum) compelling the government, state institutions, or private entities managing public interests to fulfil their legal obligations, including in relation to the formation of regulations. In addition, Article 88 of the UU PPLH introduces the principle of strict liability, under which businesses or activities involving hazardous substances or causing serious threats to the environment are obliged to pay compensation and/or restore the environment, without the need to prove fault.[2]
A citizen lawsuit is distinct from a class action, which requires a group of individuals sharing common facts and damages. In a class action, the representative must prove the existence of material or immaterial loss, and the claim may be directed not only against the government but also against private entities, with compensation as the principal remedy. In contrast, citizen lawsuit emphasizes the protection of public interests in general, do not require proof of individual loss, and may only be directed against the government, with the primary aim of ensuring the state’s compliance with its obligations to safeguard citizens’ rights.
Conclusion
In light of the above, both class action and citizen lawsuits serves as vital legal mechanisms in Indonesia to protect public interests, particularly in addressing the defendant (government/private) negligence and environmental damage. While class actions enable groups of individuals to collectively pursue compensation and restitution from both government and private actors for shared losses, citizen lawsuits empower individual citizens to demand government accountability and regulatory compliance without the need to prove personal damage/injury. Together, these mechanisms enhance access to promote the defendant responsibility and the protection of citizen within the Indonesian legal framework.
Authors: Angelica Nathalia Marpaung, and Chatarina Adventia Ningtyas
Contributor: Vicko Taniady
Editor: R. Bayu Perdana
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
[1] The Practice of Group Representative Lawsuits (Class Actions) in Indonesia in Accordance with Supreme Court Regulation (Perma) No. 1 of 2022. Page 4-25. Available at: https://perpustakaan.bsdk.mahkamahagung.go.id/index.php?p=fstream-pdf&fid=1921&bid=1852 (Accessed: 25 September 2025)
[2] Handling Environmental Cases under Supreme Court Regulation No. 1 of 2023 on Guidelines for Hearing Environmental Cases. Available at: https://pn-purwakarta.go.id/penanganan-perkara-lingkungan-hidup-dalam-kacamata-perma-nomor-1-tahun-2023-tetang-pedoman-mengadili-perkara-lingkungan-hidup.html (Accessed: 25 September 2025)
Partner