Penerapan Hukum Internasional dalam Upaya Penanggulangan Tindakan Biopiracy terhadap Keanekaragaman Hayati dengan Konsep Access and Benefit Sharing (ABS) di Indonesia

Abstract

This research is driven by the high potential for biopiracy, defined as the unauthorized and unilateral appropriation of genetic resources and traditional knowledge without fair benefit sharing, which poses a serious threat to Indonesia’s rich biodiversity. To address this issue, the study formulates three main research questions. first, how international law regulates the protection and utilization of biodiversity; second, how these regulations are implemented in the Indonesian context to combat biopiracy; and third, what obstacles and solutions exist in the implementation of the Access and Benefit Sharing (ABS) concept in Indonesia.

The research aims to comprehensively understand the international and national legal frameworks related to ABS, as well as to identify the challenges and opportunities for its implementation in Indonesia. Using a normative legal approach and literature review of both international treaties and national regulations, the study finds that international law governs biodiversity protection and utilization primarily through the Convention on Biological Diversity (CBD) and the Nagoya Protocol. These instruments emphasize the principles of prior informed consent and fair and equitable benefit sharing. While Indonesia has ratified both instruments and made efforts to incorporate their principles into national legislation, the study reveals significant weaknesses, particularly the absence of explicit legal provisions addressing biopiracy under both international and national regimes. Moreover, implementation faces major hurdles, including juridical challenges such as weak law enforcement and fragmented regulations, and non-juridical issues such as limited local community participation and inadequate technical capacity.

As a result, the study recommends comprehensive reform of national legislation to ensure alignment with international law, strengthening of institutional and legal enforcement mechanisms, active involvement of indigenous communities as custodians of traditional knowledge, and enhancement of technical capacities, including human resources and technology, for effective prevention, monitoring, and response to biopiracy. The equitable implementation of the ABS framework is expected to offer a concrete solution to biopiracy, which has long disadvantaged developing countries like Indonesia.