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Ahmad Zaini
Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia

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Constitutional Ecocentrism: Reinvigorating Intergenerational Justice Rooted in Pancasila Through the Recognition of Nature’s Rights Eka Faizin Hidayat; Basuki Kurniawan; Ahmad Zaini
Mimbar Keadilan Vol. 19 No. 2 (2026): Agustus 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i2.133565

Abstract

The escalating ecological crisis in 2026 demands a fundamental shift in constitutional law paradigms, from anthropocentrism toward ecocentrism. The Indonesian Constitution, particularly Article 28H paragraph (1) of the 1945 Constitution, still dogmatically positions the environment merely as an object for fulfilling human needs. This paradigm indirectly legitimizes massive exploitation that threatens intergenerational justice. Therefore, this study aims to construct the recognition of Rights of Nature as an independent legal subject through the reactualization of the First, Second, and Fifth Principles of Pancasila to ensure the realization of ecological justice and civilized humanity. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings reveal that current environmental law enforcement often experiences stagnation due to the absence of legal personhood for nature, resulting in nature’s inability to exercise legal standing to challenge its own destruction. Through the reactualization of the values of Divinity, Just and Civilized Humanity, and Social Justice, the concept of justice must be interpreted extensively across temporal dimensions (intergenerational) and ontological dimensions (recognizing ecosystem entities). Drawing lessons from Ecuador’s constitutional framework and jurisprudence, the recognition of Rights of Nature in Indonesia may be realized through the Constitutional Court’s evolutionary interpretation of the State Control doctrine under Article 33 of the 1945 Constitution, followed by the institutionalization of an ecological guardianship mechanism. This framework would establish absolute constitutional protection to restrain short-term economic exploitation for the sustainability of future ecosystems.