Prinsip Equity dan Common but Differentiated Responsibilities (CBDR) dalam Upaya Mencegah Dampak Perubahan Iklim Berdasarkan United Nations Framework Convention on Climate Change (UNFCCC)

Abstract

The principle of Equity and Common But Differentiated Responsibilities (CBDR) under the United Nations Framework Convention on Climate Change (UNFCCC) serve as key foundations for the allocation of responsibilities among countries, particularly between developed and developing nations, in addressing global climate change. Equity emphasizes substantive justice based on historical contributions and national capacities, while CBDR acknowledges shared but differentiated responsibilities. The study employs a normative juridical method with statutory approach. Data sources consist of primary, secondary, and tertiary legal materials, analyzed using qualitative techniques. The findings reveal that UNFCCC explicitly incorporates the principles of Equity and CBDR, which are further reinforced in the Kyoto Protocol and the Paris Agreement. However, their implementation faces various challenges, such as disparities in national capacities, conflicting interests, and weak enforcement mechanisms in international law. This study also highlights Indonesia’s role as a developing country actively participating in global climate diplomacy. It is found that strengthening the integration of Equity and CBDR in national policies, along with active engagement in international forums, can be a key strategy for Indonesia in promoting sustainable climate justice. In conclusion, mainstreaming Equity and CBDR principles in climate governance is crucial to achieving a globally just and effective climate protection system.