Oportunitas Pengembangan Konsep Benefit Sharing dalam Kebijakan Iklim

Abstract

This article analyzes the implementation of the benefit-sharing concept in international climate policies, focusing on the protection of indigenous communities. The study adopts a normative and conceptual approach, utilizing literature review techniques to analyze relevant regulations, books, reports, and research findings. Benefit-sharing refers to a coordinated and dialogic process of building partnerships to identify and distribute economic, socio-cultural, and environmental benefits, with an emphasis on vulnerable groups. Although recognized in international legal instruments such as the CBD, its application within climate policy frameworks like the UNFCCC and Paris Agreement remains implicit. However, the concept of technology transfer embedded in these instruments reflects the principle of benefit-sharing. Successful implementation examples  include social forestry in ASEAN and community forestry in Nepal, which demonstrate significant potential to deliver direct benefits to indigenous communities while supporting climate change mitigation. Nevertheless, risks in its application must be mitigated, as seen in the implementation of Areal Preservasi in Indonesia, which triggers land conflict risks and marginalization of indigenous communities. This article proposes strengthening the regulation and implementation of benefit-sharing in international climate policies to ensure social justice and welfare for communities most vulnerable to climate change impacts, alongside in-depth and inclusive national legal assessments.