"Indonesian Journal of Environmental Law and Sustainable Development "
Vol. 4 No. 1 (2025): January-June, 2025

Environment as a Legal Subject in the Reconstruction of Indonesia’s Environmental Law

Fernando, Zico Junius (Unknown)
Sinaga, Lestari (Unknown)
Iskandar, Iskandar (Unknown)
Mardin, Nurhayati (Unknown)
Arifin, Firdaus (Unknown)



Article Info

Publish Date
29 Jul 2025

Abstract

This study aims to analyze the new paradigm of recognizing the environment as a legal subject within Indonesia's legal system and its implications for environmental law enforcement. Driven by the increasingly complex environmental crisis caused by natural resource exploitation, environmental degradation, and climate change, this paradigm introduces an eco-centric approach and the theory of biocentric justice. The concept acknowledges the environment as a legal entity with intrinsic rights to exist, develop, and be restored when damaged. The research employs a normative approach with qualitative analysis methods and comparative studies of countries such as Ecuador, Bolivia, New Zealand and India which have implemented the recognition of the environment as a legal subject. The findings indicate that recognizing the environment as a legal subject in Indonesia requires comprehensive legal reforms, including constitutional amendments, the enactment of specific laws on environmental rights, strengthening law enforcement institutions, and empowering communities. This recognition is expected to enhance environmental law enforcement, establish ecological justice, and promote sustainable development. Therefore, this paradigm not only serves as a solution to the environmental crisis but also reflects Indonesia's commitment to Pancasila values and the sustainability of future generations.  

Copyrights © 2025






Journal Info

Abbrev

ijel

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Environmental Law and Sustainable Development (ISSN Online 2829-9590 ISSN Print 2829-9582) is an open access double-blind peer-reviewed journal published by the Faculty of Law, Universitas Negeri Semarang and managed by Conservation Studies Center Faculty of Law Universitas ...