Unlocking Nature's Treasure Chest: Indonesia's Journey with the Nagoya Protocol

How Indonesia is transforming its biological treasures into sustainable opportunities for both people and the planet

Biodiversity Policy Indonesia Genetic Resources

The Genetic Gold Rush

Imagine a world where a single plant leaf holds the secret to curing a devastating disease, where soil bacteria contains the blueprint for a revolutionary biofuel, or where traditional herbal knowledge passed down through generations could inspire breakthrough medical treatments.

This isn't science fiction—it's the reality of our planet's biological diversity, and it's worth fighting for. For centuries, resources from biodiverse-rich nations have been collected, commercialized, and patented without fair benefits returning to their countries of origin, a practice known as biopiracy 9 .

Genetic Resources

Valuable biological materials with potential applications in medicine, agriculture, and industry.

Fair Benefit-Sharing

Ensuring that countries and communities receive fair returns when their genetic resources are used.

Enter the Nagoya Protocol—an international agreement that aims to ensure when genetic resources are used, benefits are shared fairly and equitably. At the forefront of this bio-revolution is Indonesia, an archipelago of more than 17,000 islands separated for hundreds of thousands of years, resulting in astonishing biodiversity and cultural richness 1 3 .

The Nagoya Protocol: A Fair Deal for Nature's Bounty

The Nagoya Protocol on Access and Benefit-Sharing (ABS) is a supplementary agreement to the Convention on Biological Diversity (CBD), adopted in 2010 and entering into force in 2014 8 . As of 2025, it has been ratified by 142 parties worldwide 8 .

2010

Adopted

2014

Entered into Force

142

Parties (2025)

The Three Pillars of the Nagoya Protocol

Pillar Purpose Key Mechanisms
Access Regulate how genetic resources are obtained Prior Informed Consent (PIC) from provider countries
Benefit-Sharing Ensure fairness when resources are utilized Mutually Agreed Terms (MAT) for monetary and non-monetary benefits
Compliance Monitor and enforce ABS requirements Checkpoints, reporting, and legal consequences for non-compliance

The protocol represents a paradigm shift in how we value biological resources. It acknowledges that countries have sovereign rights over their genetic materials and establishes a legal framework to prevent biopiracy—the unauthorized appropriation of genetic resources and traditional knowledge 6 9 . This is particularly crucial for megadiverse countries like Indonesia, which have historically seen their biological wealth commercialized without proper recognition or return.

Indonesia's Biological Bounty: A Living Laboratory

Indonesia's significance in the global biodiversity landscape cannot be overstated. The archipelago's geographical history has created unique ecosystems and species found nowhere else on Earth.

Plant Diversity

Indonesia is home to 10% of the world's plant species, ranking as one of the world's centers of agro-biovariety 9 .

Bird Diversity

With 1,592 species (17% of world's birds), Indonesia ranks 5th globally in bird diversity 9 .

Mammal Diversity

Indonesia hosts 515 mammal species (12% of world's mammals), ranking 2nd after Brazil 9 .

Reptile Diversity

With 791 reptile species (16% of world's reptiles), Indonesia ranks 4th globally 9 .

Traditional Knowledge

Beyond these impressive statistics, Indonesia possesses something even more valuable: traditional knowledge related to the conservation and use of biological diversity. For generations, indigenous communities have developed sophisticated understanding of local plants, animals, and ecosystems 1 3 .

The strong connection between people and biodiversity in Indonesia has formed a vast array of traditional knowledge which, when combined with modern scientific methods, could unlock solutions to some of humanity's most pressing challenges 1 3 . During the last three decades, tremendous advancement in science and technology has enabled researchers to uncover the intrinsic value of biodiversity, isolating and identifying lead chemical compounds from biological sources that have opened up huge opportunities for developing new businesses based on biodiversity 1 3 .

Indonesia's Implementation Journey: From Principles to Practice

Indonesia ratified the Nagoya Protocol through Law No. 11 of 2013, followed by implementing regulations such as Presidential Regulation No. 21 of 2018 9 . This established the legal foundation for controlling access to genetic resources and ensuring benefit-sharing.

2013

Law No. 11 of 2013 - Indonesia ratifies the Nagoya Protocol, establishing the legal framework for ABS implementation.

2018

Presidential Regulation No. 21 of 2018 - Provides detailed implementation guidelines for ABS mechanisms in Indonesia.

Ongoing

Development of institutional capacity, awareness raising, and addressing implementation challenges across different sectors.

Legal Framework

Establishing comprehensive laws and regulations to govern access to genetic resources.

Stakeholder Engagement

Involving indigenous communities, researchers, and industry in the ABS process.

Monitoring & Compliance

Developing systems to track utilization of genetic resources and ensure benefit-sharing.

Case Study: Shiseido and Traditional Jamu Knowledge

One illustrative case mentioned in the research involves the Japanese company Shiseido, which obtained patents for eleven active compounds derived from Indonesia's traditional jamu (herbal medicine) remedies 9 . These compounds were incorporated into high-end cosmetic products without proper involvement or acknowledgment of the communities that historically maintained and transmitted this knowledge. Cases like this highlight the ongoing challenges in protecting traditional knowledge associated with genetic resources.

Research in Focus: A Global Study on Scientific Collaboration

To understand how the Nagoya Protocol operates in practice, let's examine a key research study that investigated its impact on scientific collaboration. A worldwide survey of managers and users of microbial culture collections explored the role of social and internalized motivations, organizational networks, and external incentives in promoting the public availability of upstream research assets 5 .

Methodology
  1. Survey Design: Researchers developed comprehensive questionnaires targeting both providers and users of microbial genetic resources across multiple countries.
  2. Data Collection: The team gathered responses from collection managers and research scientists engaged in international collaboration on genetic resources.
  3. Network Analysis: The study examined how materials and data flow through formal and informal scientific networks.
  4. Motivation Assessment: Researchers categorized and measured the different factors that encourage or discourage sharing of genetic materials.
Key Findings
  • The research confirmed the importance of social production models in scientific collaboration.
  • Competitive pressures among scientists can limit data sharing.
  • Sharing of physical materials often depends on collaborative economies in excess laboratory capacity 5 .
  • Relying solely on internalized motivations is insufficient to build a collaborative economy for genetic resources 5 .

Collaborative Practices in Microbial Research Under ABS Frameworks

Collaboration Type Frequency Main Motivations Impact of ABS Requirements
Formal institutional exchanges High Legal compliance, reputation Strengthened by clear procedures
Informal researcher networks Moderate Speed, flexibility Constrained by documentation needs
Data sharing without physical samples Increasing Open science, citation impact Less regulated than physical transfers
Commercial partnerships Variable Funding, application development Requires detailed benefit-sharing agreements

The Scientist's Toolkit: Essential Resources for ABS Research

Navigating the requirements of the Nagoya Protocol requires specialized tools and documents. Researchers working with genetic resources from Indonesia and other biodiverse countries need to be familiar with both the physical materials and the legal frameworks that govern their use.

Tool/Material Function ABS Considerations
Microbial Culture Collections Source of validated biological materials Collections like DSMZ provide "Nagoya compliant" certifications 8
Material Transfer Agreements (MTAs) Define terms of resource sharing Must specify purpose and restrictions; should allow secondary distribution according to collection MTA 8
Prior Informed Consent (PIC) Documentation Legal permission from provider country Required from National Focal Point and/or Competent National Authorities 8
Internationally Recognized Certificate of Compliance Proof of legal provenance Available through the ABS Clearing-House platform 2
Digital Sequence Information (DSI) Genetic sequence data from databases Subject to ongoing international negotiations about benefit-sharing 6
Important Note for Commercial Users

For commercial users, the due diligence requirements are particularly important. In the European Union, companies must file a Due Diligence Declaration to national authorities when a biological resource is used in connection with funded research, declaring compliance with Nagoya-related laws 8 . Similar requirements exist in other user countries, creating a complex global compliance landscape that researchers must navigate.

Challenges and Future Directions: Navigating the Complexities

Indonesia's experience with implementing the Nagoya Protocol reveals several persistent challenges that must be addressed to create an effective and equitable system.

The implementation of ABS in Indonesia faces significant challenges, including fragmented national policies, complex inter-ministerial coordination, and the lack of a unified regulatory system 4 . This complexity can create barriers to research and development rather than enabling the protocol's objectives.

While the Nagoya Protocol includes provisions for traditional knowledge associated with genetic resources, practical implementation remains difficult. Challenges include unclear procedures for identifying rightful knowledge holders, the absence of established consent mechanisms, and the lack of representative institutions for Indigenous communities 9 .

One of the most contentious current debates involves Digital Sequence Information (DSI)—genetic sequence data stored in digital databases 6 . Some biodiversity-rich countries argue that open access to DSI undermines equitable benefit-sharing, while researchers worry that restricting access could hamper scientific progress, as demonstrated during the COVID-19 pandemic when open access to viral sequences enabled rapid development of diagnostics and vaccines 6 .

Future Directions for Indonesia's ABS Framework

Sui Generis System

Developing a unique system to recognize Communal Intellectual Property Rights (CIPRs) for traditional knowledge 9 .

Disclosure of Origin

Implementing mandatory disclosure of origin in patent applications to ensure transparency 9 .

Community Empowerment

Enhancing legal empowerment of Indigenous and local communities as rightful holders of ecological knowledge 9 .

International Partnerships

Improving international cooperation to address transboundary issues and create standardized approaches 4 .

Towards a More Equitable Future for Biodiversity

Indonesia's journey in implementing the Nagoya Protocol represents a microcosm of the broader global challenge: how to balance the urgent need to conserve biodiversity with the equally important goals of promoting sustainable use and ensuring equitable benefit-sharing.

The country's experience highlights both the potential of this framework to create new opportunities for conservation and community development, and the significant practical hurdles that remain.

As we move further into the 21st century, with biodiversity loss accelerating and climate change threatening ecosystems worldwide, the principles embodied in the Nagoya Protocol become increasingly vital.

Indonesia's case demonstrates that successful implementation requires more than just laws and regulations—it demands building capacity, raising awareness, fostering cooperation, and developing new models for recognizing and valuing both biological diversity and the traditional knowledge that has sustained it for generations.

The story of the Nagoya Protocol in Indonesia is still being written. How it develops will have significant implications not just for this archipelago nation, but for global efforts to create a more sustainable and equitable relationship between humanity and the natural world upon which we all depend.

References