Case Example Citizen Lawsuit in Indonesia

Here are two significant examples of the application of this lawsuit:

1. Nunukan Migrant Workers Case (2003)

Case Number: 28/Pdt.G/2003/PN.JKT.PST

Filed by a group of citizens (approximately 53 people, including J. Sandyawan Sumardi et al.) against the Government of Indonesia (President and related agencies). This lawsuit concerns the neglect and mass deportation of Indonesian migrant workers from Malaysia to Nunukan, Kalimantan.

Data at that time recorded that out of approximately 1 million Indonesian citizens in Malaysia, 480,000 were undocumented, triggering exploitation and human rights violations. This lawsuit was filed not only on behalf of individual victims, but also representing the public interest so that the state is responsible for its negligence in protecting citizens.

2. Sumatra National Disaster Case (2025)

Case Number: 415/G/TF/2025/PTUN.JKT

This case was filed by advocate Arjana Bagaskara Solichin, S.H., M.H., against the Government of Indonesia (Cq. President, Minister of Forestry, Minister of Finance, and Head of BNPB). The lawsuit was motivated by a massive natural disaster that hit the provinces of Aceh, North Sumatra, and West Sumatra.

Although the damage, material/immaterial losses, and casualties were enormous, the Government has not yet determined the status of "National Disaster". This lawsuit demands that the Government take administrative steps in the form of issuing a policy on the status of "Sumatra National Disaster" to guarantee the protection of the rights of affected citizens.

Conclusion

Citizen Lawsuit is an important instrument as a tool for social control and protection of citizens' rights against state negligence. Although not explicitly regulated in formal laws, its practice has been accepted in Indonesian courts (jurisprudence).

In the future, formal regulations and clear procedures are needed. This is important so that this lawsuit mechanism runs consistently, provides legal certainty, and strengthens the accountability of state administrators in our democratic system.

FAQ

1: What is a citizen lawsuit?
A citizen lawsuit is a lawsuit filed by citizens in the public interest to demand that the state or government fulfill its legal obligations and improve policies that harm citizens' rights.

Q2: What is the difference between a citizen lawsuit and a class action?
A citizen lawsuit focuses on fulfilling state obligations and improving policies for the public interest, while a class action focuses on compensation for a group of victims who have suffered the same losses.

Q3: Who can file a citizen lawsuit in Indonesia?
Conceptually, any citizen who cares about the public interest can file a citizen lawsuit, as long as they meet the formal and material requirements determined by the court.

Q4: Is the citizen lawsuit regulated by law?
It is not explicitly regulated in detail in the law on civil procedure, but the mechanism has been practiced through court decisions and doctrines, especially in cases involving the public interest.