Anwar Anwar
Faculty of Law, Universitas Widya Gama Malang, Indonesia

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Environmental Constitutionalism and Intergenerational Justice: Reconstructing Rights for Future Generations in Indonesia Anwar Anwar; Muhammad Ramadhana Alfaris; Purnawan Dwikora Negara; Sholahuddin Al-Fatih
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.44533

Abstract

This research studies the constitutional protection of environmental rights in Indonesia from the standpoint of intergenerational justice and articulates a reconstructive legal framework to protect the interests of future generations. Although the Constitution guarantees the right to a good and healthy environment, its formulation remains present-oriented, thereby potentially creating ambiguity in interpretation and leaving limited transformative impacts on  environmental governance. This research employs normative-juridical methods supported by statutory, conceptual, and comparative approaches. The primary legal materials comprise constitutional provisions, environmental legislation, and relevant court decisions, while secondary materials are drawn from scientific literature on environmental constitutionalism and intergenerational justice. The comparative point of view places Indonesia’s constitutional framework in the broader global development of protection for future generations. The novelty of this article lies in the formulation of an intergenerational constitutional responsibility model that consists of four operational tests: the long-term ecological impact, the precautionary, the non-regression, and the future generations representation. The discussion emphasises the important integration of the public trust doctrine, the precautionary principle, and the non-regression principle into constitutional interpretation and policy design. This research concludes that incorporating intergenerational obligations into constitutional practice is essential to ensure sustainable development, ecological resilience, and long-term democratic accountability.