Addressing the paradox: Why environmental constitutionalism is more than just rights?

¹ Faculty of Law, Universitas Negeri Gorontalo, Gorontalo, Indonesia
² Mahkamah Agung Republik Indonesia, Jakarta, Indonesia

^* Corresponding author: hidayatmuhtar21@ung.ac.id

Abstract

Paradoxes exist in environmental constitutionalism, and this article seeks to explain them, particularly by explaining why rights and obligations and complicated enforcement methods all pertain to this topic. This research seeks to understand how environmental constitutionalism may be reimagined in the Indonesian context, with its wide range of environmental problems and frequently insufficient policies, to strengthen justice and sustainability. This study takes a normative stance, examining environmental constitutionalism from a legal and theoretical perspective. The constitutional and legal framework of Indonesia are examined to see how they deal with environmental challenges. The conceptual method, meanwhile, is applied to explore environmental constitutionalism in greater depth than the field of rights. This article proposes that rethinking the roles of the state, society, and the private sector within the constitutional framework is key to solving Indonesia’s environmental problems. The findings show that a rights-only approach to environmental constitutionalism overlooks societal obligations and the socio-political factors that shape environmental policies in Indonesia. By incorporating this contradiction into the constitutional framework, we may be able to create policies that are more inclusive, egalitarian, and sustainable for everybody.