Proposing Green Constitution, Is It Necessary?

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Authors: Sholahuddin Al-Fatih, Bekov Ikhtiyor Rustamovich
Cited by: 1

Abstract

The increasing frequency of natural disasters in Indonesia demonstrates the inadequacy of the existing constitutional framework in providing comprehensive environmental protection and sustainable natural resource governance. The absence of explicit constitutional obligations concerning ecological preservation has contributed to weak state responsibility in preventing environmental degradation and ecological crises. This research aims to critically examine the urgency of constitutional amendment in Indonesia through the incorporation of environmental protection norms within Article 33 of the Constitution in order to realize a hybrid green constitution. This research is normative, employing conceptual and comparative approaches through the analysis of legal principles, doctrines, and constitutional models relating to environmental governance and ecological protection. The study further adopts analytical and prescriptive techniques to formulate an ideal constitutional framework capable of strengthening state obligations toward environmental sustainability. The findings indicate that Indonesia requires constitutional reinforcement by amending Article 33 through the addition of a new paragraph under Article 33 paragraph (5), stipulating that “the State shall recognize, protect, and restore the environment and ecosystems as an integral part of natural resources governance.” Such amendment would strengthen the constitutional foundation of environmental protection and establish a more integrated ecological governance system within Indonesia’s constitutional structure.

Fields of Study & Subjects

Environmental law and policy Indonesian Legal and Regulatory Studies Legal and Policy Analysis in Indonesia

Publication details

Journal / source
Journal of Law Environmental and Justice
Publisher
Ius et Ambientis
Volume
4
Issue
1
Pages
371–403
Publication date
8 May 2026