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All Journal Asian Journal of Social and Humanities
Andhika Laksamana Putra
Universitas Borobudur, Indonesia
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Environmental Law Updates for Combating Urban Air Pollution fromTransportation Emissions Based on Green Constitution Principles Andhika Laksamana Putra; Hidayati Hidayati
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.726

Abstract

This study aims to analyze and reconstruct the law governing the control of urban air pollution from transportation emissions in Indonesia, based on Green Constitution principles. The main problem lies in the weakness of normative regulations and the low effectiveness of law enforcement, despite the constitutional guarantee of the right to a good and healthy environment in Article 28H paragraph (1) and the principle of sustainable development in Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia. This study uses a normative juridical method with a legislative and conceptual approach, analyzing Law Number 32 of 2009 concerning Environmental Protection and Management and its amendments in Law Number 6 of 2023, as well as regulations related to motor vehicle emissions. The results of the study indicate a gap between legal norms and their implementation, characterized by regulatory fragmentation, weak sanctions, and low public compliance with emission tests. Therefore, integrative and transformational legal reform is needed by strengthening state and corporate responsibility, reforming the sanctions system, implementing environmental economic instruments, and utilizing technology for emissions monitoring. This reform is expected to achieve effective and ecologically just environmental protection in accordance with the principles of the Green Constitution.
Co-Authors Hidayati Hidayati