The application of environmental law in preserving nature: Agrarian, legislative, and constitutional perspectives
Keywords:
Environmental law, Agrarian law, Legislation, Constitution, Law enforcementAbstract
Environmental law in Indonesia is inherently connected to agrarian aspects, legislative frameworks, and constitutional guarantees in the broader effort to preserve nature. This study employs a qualitative approach with a desk study method to analyze environmental regulations, governance of agrarian resources, and the constitutional right of citizens to a good and healthy environment. Although several legal instruments exist, such as Law No. 32 of 2009 on Environmental Protection and Management and Government Regulation No. 27 of 2012 on Environmental Permits, their implementation in practice remains hampered by weak law enforcement, persistent agrarian conflicts, and overlapping regulations between central and regional authorities. At the same time, judicial reviews of environmental provisions by the Constitutional Court highlight the significance of safeguarding environmental rights within Indonesia’s constitutional framework. This study recommends strengthening the environmental legal system through greater synergy with agrarian law, harmonization of legislative instruments, and enhanced protection of citizens’ constitutional rights to ensure sustainable environmental governance.
References
[1] A. Hasim, “Environmental Protection is a Form of Implementation of the Green Constitution in the 1945 Constitution,” At-Tanwir Law Rev. , vol. 3, no. 1, p. 18, 2023.
[2] OA Johar, “The Reality of Environmental Law Enforcement Problems in Indonesia,” J. Environmental Science. , vol. 15, no. 1, p. 54, 2021.
[3] W. Nugroho, “Constitutionality of the Rights of Indigenous Communities in Managing Customary Forests: Empirical Facts on the Legalization of Permits,” J. Constitution , vol. 11, no. 1, p. 109, 2016.
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