Microsoft Word - Implementation of Nagoya Protocol 1


Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

35 

 

Implementation of Nagoya Protocol – the Case Study of Indonesia 

Endang Sukara1, Safendrri Komara Ragamustar 2, Ernawati Sinaga 3 

1.Professor, Study Center for Environmental Ethics, Universitas Nasional Jakarta, Pejaten Campus 12520, 

Jakarta, Indonesia & Indonesian Academy of Sciences (AIPI), Gambir, 10110, Jakarta - Indonesia 
(Corresponding author).  
Email: endangsukara@gmail.com  
2. Universitas Nasional Jakarta, Pejaten Campus 12520, Jakarta, Indonesia. Email: ersinaga2003@yahoo.com.sg 

3. School of Government Public Policy, Sentul, 16810, Bogor, West Java, Indonesia.  
Email: s.ragamustari@gmail.com 

 
DOI: https://doi.org/10.3329/bioethics.v11i2.49262  

 

Abstract: Indonesia consists of more than 17,000 islands separated for hundreds of thousands of years, 

which consequently results in biodiversity and cultural diversity richness. Strong connection between 

people and biodiversity form a vast array of traditional knowledges which are related to the conservation 

and the use of biological diversity. During the last 3 decades, tremendous advancement in science and 

technology has been able to uncover the intrinsic value of biodiversity. Many lead chemical compounds 

have been isolated and identified from, and have opened up huge opportunities in developing new 

businesses based on biodiversity. The consciousness of the intrinsic value of biodiversity is, however, 

only being understood by countries with high science and technology capacity. The intrinsic value of 

biodiversity remains abstract to most of the people in the developing and less developed nations. The 

Convention on Biological Diversity (UN-CBD), Cartagena and Nagoya Protocol are legal documents 

to ensure conservation, sustainable use and sharing of the benefits from the utilization of biodiversity 

and its components. Nagoya Protocol dealing with access and benefit sharing from the utilization of 

biological materials has open new and better opportunities for the developed nations to study the 

potential use of biological resources exist in developing and less develop nations. The implementation 

Nagoya Protocol on access, fair and equitable sharing of the benefit from the utilization of biodiversity 

very complex and full with ethical dilemmas. Basic principles stipulated in the Universal Declaration 

on Human Rights and Bioethics UNESCO 2005 e.g. consent, persons without the capacity to consent, 

equality, justice and equity, respect for cultural diversity and pluralism, solidarity and cooperation, 

sharing of benefits, protecting future generations, protection of the environment, the biosphere and 

biodiversity may be applied in addressing ethical issues. 

 

(Some part of this article was presented at 20th Asian Bioethics Conference, Dhaka, Bangladesh).  

 

Introduction: Biodiversity is the variety of 

life on Earth. It is the most complex feature 

of our planet and it is the most vital. 

Without biodiversity, there is no future for 

humanity. Biodiversity is important to 

support life systems and to keep our planet 

green and healthy. There is no record of the 

number of species on Earth, but it is 

estimated to be around 10 million. The total 

number of species used by human 

civilization for food, health and energy is 

very limited. The majority of species are 

remained untapped 1,2.  

 

It is believed that biodiversity has an 

enormous value as genetic resources. 

Biodiversity plays an important role in 

nutrient cycle, soil formation. Plant 

resources and photosynthetic organisms 

have a tremendous vehicle as an active 

carbon sink and controlling the climate. The 

presence of biodiversity is also an important 



Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

36 

 

element in controlling diseases, natural 

disaster protection, and erosion control. 

Biodiversity has a spiritual value, source of 

education and knowledge, recreation and 

esthetical values3. During the last 2 

decades, the advancement of science and 

technology, biotechnology growing rapidly 

and influence mankind understanding on 

the important of biodiversity related to 

food, health, and energy. Biodiversity is 

now becoming an important asset for 

bioeconomy. 

 

Indonesia is a maritime country with more 

than 17,000 islands across the equator, 

laying between Asia and Australia. The 

Islands are separated from each other for 

hundreds of thousands of years. It is no 

doubt that species exist in the islands 

undergone a long period of isolation and 

adaptation creating species endemicity of 

both flora and fauna. Komodo for example 

is only found in Komodo Island while a 

single horn Rhino is only found in West 

Coast of Java and Maleo bird is endemic to 

Sulawesi Island. Indonesia is also blessed 

with over 42 terrestrial ecosystem types and 

more than 5 ocean ecosystems from ice 

landscapes and alpine mountains, to 

spectacular coral reefs, sea grass beds and 

deep weber seas4. It is obvious that 

Indonesia is known as a mega bio-diversity 

country source? There are about 1.500 

species of algae, 80.000 species of 

cryptogrames, 595 species of lichenes, 

2.197 species of fern, 30.000 to 40.000 

species of plants, 8.157 species of animal 

(mammal, birds, herpetofauna, and fish) 

and 1.900 butterfly species 5. Among them, 

270 species of mammals, 386 species of 

birds, 328 species of reptiles, 204 species of 

amphibian, and 280 species of fishes are 

endemic5. In Indonesian context, the 

connection between people, cultures, 

traditions and biodiversity is strong. The 

vast array of traditional knowledge 

accumulated and being embodied in daily 

life for hundreds of thousands of years. 

Traditionally, biodiversity used as food, 

source for medicine, fiber for clothing, 

coloring agent, source of energy. The way 

of using biodiversity is quite diverse 

depending on the tribes in the country.  

In relation to food, Indonesians consume 

around 100 plant species as carbohydrate 

sources, 100 legume plants, 450 species of 

fruits and 250 species of vegetables, diverse 

species of animals, both terrestrial and 

aquatic, mushroom, fungi and microbes 6.  

Study in an area of 1 ha of the low land 

forest in Sumatera, there are more than 300 

species of plant observed. Evaluation using 

ethnobotanical analysis, the total number of 

51 plants species are used as source of fruit, 

21 species as source of vegetable, 6 species 

for spices, 77 species as source for 

traditional medicine, 2 plants species 

containing poison, and 45 species as a 

source of energy (firewood), 65 species as 

raw material for craft and art, 157 species 

for construction and 27 species are suitable 

for future pulp, paper and plywood industry 7.  

Related to health, the use of diverse plant 

species is already embedded to the culture 

of Javanese tribes. The mixer of plant 

species is blend and sell to the market as 

traditional medicine, jamu. Around 75 

percent of Indonesians consume jamu on a 

regular basis, either to prevent or treat 

diseases Jamu has been an integral part of 

Indonesia’s socio-cultural identity 8. The 

use of diverse plants species as medicine is 

already exist since ancient time in 

Indonesia. 



Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

37 

 

Advancement of Science and Technology 

in Utilizing Biodiversity: The 

advancement of science and technology has 

opened our understanding on the value of 

biodiversity unexpectedly. Deep study on 

around 200 plant species extracts native to 

Indonesia by the Indonesian Institute of 

Sciences (LIPI) cooperated with cosmetic 

industry, Shiseido in 2007, the total of 30 

lead molecules found and may be patented. 

Advancement of science and technology 

may unlock the intrinsic value of the 

Indonesian plant biodiversity and open 

opportunities to bring this research output 

to commercial. Another example is  

Scorodocarpus borneensis (Baill) Becc, a 

family of Oleaceae traditionally, the seed and 

bark are used as vegetable, root and fruit as 

medicine and ritual ceremony 9. This species is 

one among 200 rare plant species to Indonesia 
10. Using sophisticated equipment, LC-MS and 

NMR, supported by DEPT techniques, this 

species containing Scorocarpine B which is 

leukemia cell inhibitor11. In addition, during 

the last 3 decades, tremendous 

advancement of science and technology has 

been able to continuously uncover the 

intrinsic value of biodiversity. In the near 

future, many lead chemical compounds 

may also be isolated and identified from 

microbial genetic resources. Pseudobotyris 

terrestris from Wallacea region is a fungal 

species reported by Uchida 12 and Fraga 13 

has an ability to produce enzymes for lipid 

digestion which may important for treating 

obesity and atherosclerosis in the future. 

Diverse actinomycetes and actinomycetes 

non streptomycetes are successfully being 

isolated from the regions. The potential 

value of non-actinomycetes non 

streptomycetes are tremendous for 

degrading polylactate resin and plastics, as 

a raw material for developing anti-

cholesterol, antibiotics, anti-viral. anti-

tumor, anti-neoplastic, stabilizer for 

medicine, food, cosmetics, for the 

production of industrial enzymes, 

diagnostics, food colorant, and novel paints 

coatings 14. 

The expedition to Foya Membramo, Papua 

– Indonesia, discovered many new species 

of reptiles, fishes, birds, and mammals. It is 

not only important for taxonomists, but also 

as materials in drugs discovery project. 

Frog from genera of Xenopus, Silurana, 

Hymenochirus, and Pseudhymenochirus in 

the family Pipidae containing gene 

responsible for the synthesis of small 

aphifilic peptide collapsing ion-gradients 

and lethal to many microbial pathogens. 

Frogs skin are a rich source of genes 

important in producing peptides with 

varying degrees of antimicrobial activities 

and cytotoxicities to mammalian cells. 

Magainin, peptide glycine-leucine-amide 

(PGLa), caerulein-precursor fragment 

(CPF), and xenopsin-precursor fragment 

(XPF) peptides have been isolated from 

norepinephrine-stimulated skin secretions 

from several species of Xenopus and 

Silurana. Analogs of the magainins, CPF 

peptides and hymenochirin-1B with 

increased antimicrobial potencies and low 

cytotoxicities have been developed that are 

active (MIC < 5 μM) against multidrug-

resistant clinical isolates of Staphylococcus 

aureus, Escherichia coli, Acinetobacter 

baumannii, Stenotrophomonas maltophilia 

and Klebsiella pneumoniae. Despite this, 

genes having therapeutic potential in frog 

skin as an anti-infective agents for anti-

cancer, anti-viral, anti-diabetic, or 

immunomodulatory drugs 15.        

Another great achievement is in pain 

therapy. A chemical compound called 

Ziconotide, which is also known as SNX-



Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

38 

 

111, is a novel non-opioid analgesic drug. 

Ziconotide is actually a synthetic version of 

ω-conotoxin MVIIA (ω-MVIIA), which is 

a peptide that is found in the venom of the 

fish-eating marine snail, Conus magus 16. 

There are more than 600 different species of 

cone snails exist. It belongs to the phylum 

of Mollusca and the genus Conus. Most of 

the species inhabit the warm water of 

tropical reefs. The venom of each species of 

cone snail contains its own unique mixture 

of chemicals. This increases the likelihood 

that some of the chemicals may be useful to 

humans in the future. Ziconotide itself 

could be up to 1,000 times more effective 

than morphine at relieving pain and has the 

added advantage of not being addictive. In 

addition, it doesn't cause the development 

of tolerance in the patient. Tolerance is a 

state in which a medication that was once 

effective no longer works. Ziconotide is 

used after other analgesics have been tried 

and have failed to work. It is prescribed 

only for people who are suffering from 

intense and prolonged pain, such as the pain 

that may be experienced by people with 

certain types of cancer or for people 

experiencing neuropathic pain. Ziconotide 

is sold under the brand name of Prialt. Santa 

Cruz Biotech News mentioned that 

ziconotide is sold as a selective antagonist 

of N-Type Voltage Sensitive Calcium 

Channels (VSCC) with a current price of 

US$ 6.500.000 per gram 17.  

Currently, data of entire genome sequences 

of organisms can be extracted and saved as 

electronic files. The genomic data has the 

potential to be used to develop production 

systems for fine chemicals without the need 

to grow or cultivate the source organism, 

known as synthetic biology. Thus, through 

synthetic biology, genetic resources, genes 

can be utilized readily for economic benefit. 

An example of the production of chemical 

compounds using synthetic biology is done 

by Evolva, a Switzerland-based company. 

The company produces vanillin through 

synthetic biology. Genes in the vanillin 

biosynthetic pathway were inserted in 

yeast, and are being used to convert sugar 

into vanillin. The fluctuating production 

and price of natural vanillin due to climate 

change and other factors will most likely 

make synthetic biology-vanillin a viable 

option in the future. 

 

With those examples, biodiversity could be 

used as a good starting point for 

establishing bio-based industry including 

synthetic biology. Biodiversity is an 

important asset in developing a blue-print to 

establish production pathways of high-

value chemical compounds using genetic 

data from biodiversity which could boost 

economic development while increasing 

science capacity. Access to biodiversity is 

mandatory. Legally binding protocol, 

Nagoya Protocol, is in place. The 

implementation of this protocol will not be 

always easy and need to concider bioethics 

principles.  

 

How to proceed: The implementation 

Nagoya Protocol on access, fair and equitable 

sharing of the benefit from the utilization of 

biodiversity is very complex and full with 

ethical dilemmas. Basic principles stipulated in 

the Universal Declaration on Human Rights and 

Bioethics UNESCO 2005 such as consent 

(persons without the capacity to consent), 

equality, justice and equity, respect for cultural 

diversity and pluralism, solidarity and 

cooperation, sharing of benefits, protecting 

future generations, protection of the 

environment, the biosphere and biodiversity 

may be applied in addressing ethical issues may 

help to smoothen its implementation. 



Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

39 

 

The consent of most people in developing 

countries and less developed nations on the 

intrinsic value of biodiversity is lacking. 

For this reason, before access to biological 

resources, the capacity to consent the 

people in the developing country and less 

developed nation own biodiversity should 

first be improved.  

 

With an appropriate knowledge on the 

intrinsic value of biodiversity, the equality, 

justice and equity may be developed through 

continues dialog. Respect on cultural and 

traditional knowledge should become an 

instrument for access to biodiversity. In the 

implementation of Nagoya Protocol, solidarity 

and cooperation, sharing of benefits are an 

important part which should be understood 

by all parties involved.  

The developed country who owns the 

technology need an access to biodiversity, 

basic principles of bioethics should be 

incorporated in the mechanism of access to 

ensure fair and equitable sharing of the 

benefit from the utilization of biodiversity 

and its components.  

When access granted, another basic 

principle of bioethics, protecting future 

generations, protection of the environment, the 

biosphere and biodiversity is mandatory. Over 

exploitation should be prevented to ensure that 

biodiversity is conserved, used sustainably 

while creating the prosperity for all.   

Trust between countries rich in biodiversity 

and countries having high science and 

technology capacity at all levels is 

becoming a crucial factor. Greater 

transparency and recognition on 

comprehensive rights of people providing 

biodiversity is a key element in maintaining 

trust.  

Global community has signed three legally 

binding protocol namely the Convention on 

Biological Diversity (UN-CBD) signed at 

the Earth Summit in Rio de Janeiro, Brazil, 

in 1992 and entered into force on 29 

December 1993, Cartagena Protocol on 

biosafety adopted on 29 January 2000 and 

entered into force on 11 September 2003 

and Nagoya Protocol on Access to genetic 

resources and the Fair and Equitable 

Sharing of Benefits Arising from their 

Utilization to the Convention on Biological 

Diversity which  entered into force on 12 

October 2014. Those three legal documents 

should be used to properly manage 

biodiversity to ensure conservation, 

sustainable use and sharing of the benefit 

from the utilization of biodiversity and its 

components. Those three legally binding 

protocols are now ratified by Indonesian by 

releasing national legislation namely Act 

No. 5 Th 1994, Act No. 21 Th 2004 and Act 

No. 11 Th 2013. The CBD, Cartagena and 

Nagoya Protocol are in line with the 

Indonesian Constitution, which clearly 

states that all-natural resources belong to 

the state and are to be used for the utmost 

welfare/benefit of the people of Indonesia.  

 

In the Preamble of the Convention on 

Biological Diversity, it is mandatory for 

each contracting party conscious the 

intrinsic value of biological diversity and of 

the ecological, genetic, social, economic, 

scientific, educational, cultural, recreational 

and aesthetic values of biological diversity 

and its components and on the importance 

of biological diversity for evolution and for 

maintaining life sustaining systems of the 

biosphere. Conservation of biological 

diversity must be a common concern of 

humankind, and each contracting party is 

responsible for conserving their biological 

diversity and for using their biological 



Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

40 

 

resources in a sustainable manner. Each 

contracting party is also fully aware that the 

conservation and sustainable use of 

biological diversity is of critical importance 

for meeting the food, health and other needs 

of the growing world population, for which 

purpose access to and sharing of both 

genetic resources and technologies are 

essential. The implementation of such 

protocol can not solely depend of rule and 

regulation but need ethics/bioethics 

considerations. 

 

Trust between countries rich in biodiversity 

and countries having high science and 

technology is the most crucial factor in 

implementing Convention on Biological 

Diversity including Cartagena and Nagoya 

Protocol. There is also a need for greater 

transparency on the possible future value of 

biodiversity through research and 

development. Access to biodiversity is 

subject to negotiation while respecting a 

comprehensive right of the local peoples, 

their needs and aspirations for sustainable 

development and poverty alleviation.  

A rights-based approach would be 

important to promote people's knowledge 

about the existence of their rights and to 

develop political strategies to make 

people’s rights become reality. Statement 

from Australian National Health and 

Medical Research Council is fundamental: 

The responsibility for maintaining trust and 

ethical standards cannot depend solely on 

rules or guidelines. Ethical consideration 

should be an integral part in the 

implementation of such rules and 

guidelines. In developing products of both 

research and researchers should involve 

people transparently and honestly 

especially when dealing with values and 

principles. The elimination of 'difference 

blindness' and a subtlety of judgement is 

required to eliminate prejudice and 

maintain respect. 

Model Legislation should be developed to 

provide a comprehensive scheme for 

ensuring conservation and sustainable use 

of biological resources and to support for 

the ‘inalienable rights of local communities 

over their biological resources, knowledge 

and technologies’. Access to biological 

resources subject to prior informed consent 

of local communities, fair and equitable 

sharing of benefits, effective participation 

of local communities and appropriate 

institutional mechanisms to ensure effective 

implementation of Nagoya Protocol on 

Access and Benefit Sharing. 

 

Conclusion and recommendation: 

Nagoya Protocol on Access and Benefit 

Sharing from the utilization of biological 

resources is an important step to get most 

benefit from biological resources. The 

protocol could be a vehicle for strategic 

partnership between country rich in 

biodiversity and country with greater 

capacity in science and technology. Due to 

the nature of biodiversity where the 

intrinsic value of the resources is uncertain 

and can only be elucidated by advance 

science and technology, the implementation 

of Nagoya Protocol full of ethical 

dilemmas. Rule and regulations is not 

sufficient in implementing access and 

benefit sharing properly. Ethics/Bioethical 

consideration is of importance. Basic 

principle stipulated in the Universal 

Declaration on Human Right and Bioethics 

UNESCO may incorporated to ensure 

smooth implementation of the protocol. 

 

Acknowledgements: Greatly acknowledge the 

Universitas Nasional and the Indonesian Academy 



Bangladesh Journal of Bioethics 2020; 11 (2): 35-41 

 

 

41 

 

of Sciences for giving me an opportunity to 

participate in the 20th Asian Bioethics in Dhaka, 

Bangladesh. Acknowledgement also directed to the 

Organizing Committee for inviting me to join this 

Symposium. 

 

References:  

1. Sukara, E. The 4th International Conference on 
Sustainable Future for Human Security (SUSTAIN) 
2013, Clock Tower Centennial Hall, Kyoto 
University, Japan, Kyoto, October 2013; 18-21, 

2013 
2. Sukara, E. Biodiversity a Common Wealth for a 
Crowded Planet. The 2nd GSS Leading Expert 

Seminar – Graduate School Programme for 

Sustainable Development and Survivable Societies, 

Kyoto University – Japan December 19, 2013. 
3. Sukara, E. Tropical Forest Biodiversity to provide 
food, health, and energy solution of the rapid growth 

of modern society. Procedia Environment Sciences 
2014; 20: 803 – 808. 
4. Sukara, E. 2019.  Capacity Building as Mutual 
Benefit in Life Sciences Research Collaborations. 

National Workshop: Evaluation of Capacity 
Building Measure as Impacts of Research Permits. 
Indonesian Ministry for Research and Higher 
Education, Jakarta. 

5. Widjaja, E. A., Y. Rahayuningsih, J. S. Rahajoe, 
R. Ubaidillah, I. Maryanto, E. B. Walujo dan G. 
Semiadi. Kekinian  Keanekaragaman Hayati. 2014, 
LIPI Press, Jakarta: Indonesia. 
6. Walujo, E. B. Keanekaragaman hayati untuk 
pangan. Konggres Ilmu Pengetahuan Nasional X 
Jakarta, 8 – 10 Nopember 2011. 
7. Rahayu, M., S. Susianrti and Y. Purwanto. Kajian 

pemanfaatan tumbuhan hutan non kayu oleh 
masyarakat local di kawasan konservasi PT Wira 
Karya Sakti Sungai Tapa – Jambi. Jurnal 
Biodiversitas 2007; 8(1): 73 –78. 

8. Ragamustari, K. RLeveraging jamu heritage using 
science and technology. The Jakarta Post, Jakarta / 
Mon, April 8, 2019 / 03:04 pm. 
9. Siagian, M.H., M. Rahayu dan U. Hapid. Telaah 
pemanfaatan tumbuhan “bawa hutan” 
(Scorodocarpus borneensis) di Daerah Kenohan – 
Kalimantan Timur. Prosiding Seminar Nasional 

Etnobotani III. Dsnpasar – Bali, Hal” 2000, 270-273. 

10. Mogea, J.P.M., D. Gandawidjaja, H. 
Wiriadinata, R.E. Nasution dan Irawati. Tumbuhan 

Langka Indonesia. Buku Seri Panduan Lapangan. 
Pusat Penelitian dan Pengembangan Biologi – LIPI. 

Balai Penelitian Botani, Herbarium Bogoriense. 
Bogor, Indonesia, 2001. 
11. Kartika, R., T. Barus, R. Surbakti, and P. 
Simanjuntak. Structure Characterization of Alkaloid 

Scorodocarpines derivative from Fruits of 
Scorodocarpus borneensis Becc (Olacaceae). Asian 
Journal of Chemistry. 2014; 26 (18): 6047-6049. 
http://dx.doi.org/10.14233/ajchem.2014.16562. 
(Updated on September 23, 2019). 
12. Uchida, R., Y. Pil Kim, I Namatame, H. Tomoda 
and S Omura. Sespendole, New inhibitor of lipid 
droplet synthesis in macrophages, procuced by 
Pseudobotrytis terrestis FKA 25. The Journal of 

Antibiotics 2006; 59 (2): 93–97. 
13. Fraga, B. M. Natural sesquiterpenoids. Natural 
Product Report, Stanford University, Stanford, 

USA,2007. 
14. Sukara E, P. Lisdiyanti, H. Yamamura, J-Y. 
Park, Y. Kurihara, N. Sukarno, W. Sjamsuridzal, K. 
Ando, and Y. Widyastuti. Potentials of the Wallacea 
Biodiversity in Bioprospecting. Berita Iptek 2009; 
47 (1): 9- 18. 
15. Conlon, J. M. and M. Mechkarska. Host-Defense 
Peptides with Therapeutic Potential from Skin 
Secretions of Frogs from the Family Pipidae. 

Pharmaceuticals 2014, 7, 58-77; 
doi:10.3390/ph7010058.  
16. McGivern, J. G. Ziconotide: a review of its 

pharmacology and use in the treatment of pain. 
Neuropsychiatric Disease and Treatment 2007; 3(1): 
69–85. 
17. Crampton, L. Cone snail venom facts and 

potential medical benefits. 2019. 
https://owlcation.com/stem/Cone-Snails-
Dangerous-Venom-With-Medicinal-Uses (Updated 
on September 23, 2019). 
 
 

 

 

 

 

 

Author contribution: 1st author Endang Sukara 

conceived the idea, designed of the manuscript, 
performed the literature search, wrote the initial 
draft, checked the manuscript meticulously and gave 
final approval of the manuscript for submission. 2nd 
author Safendrri Komara Ragamustari did the 
critical revision of the article, performed the 
literature search and gave the final approval of the 
manuscript for submission. 3rd author Ernawati 

Sinaga performed the literature search, revised the 
article critically and checked the manuscript 
meticulously and gave final approval of the 
manuscript for submission.  

 
 
Conflict of interests: No conflict of interest in this 
study to declare.