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All Journal Law and Democracy Insight
I Gusti Bagus Suryawan
Universitas Warmadewa, Bali

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Environmental Rights And Access To Justice: Comparing Citizen-Led Environmental Litigation In Indonesia And Timor-Leste I Gusti Bagus Suryawan; Manuel Pinto
Law and Democracy Insight Vol. 3 No. 1 (2025): June 2025
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-427

Abstract

This study examines the comparative legal capacity and judicial access for citizen-led environmental litigation in Indonesia and Timor-Leste. Using a normative juridical method with comparative, statutory, conceptual, and case approaches, the study analyzes environmental rights, citizen standing, procedural access, judicial reasoning, state accountability, and remedies. The findings demonstrate that both countries possess normative foundations for environmental protection, but their capacity to transform environmental rights into accessible judicial claims differs. Indonesia has a more developed litigation framework through constitutional recognition of the right to a good and healthy environment, statutory environmental protection, the citizen lawsuit mechanism, and emerging judicial practices concerning environmental and climate justice. Nevertheless, procedural uncertainty, inconsistent climate-related judicial reasoning, limited scientific evidence, and weak administrative compliance with court decisions remain challenges. Timor-Leste has constitutional and institutional foundations for environmental protection, but limited evidence of established citizen-led environmental litigation. Environmental protection is more frequently addressed through regulatory governance, institutional mechanisms, community participation, and international environmental commitments. The study identifies a litigation capacity gap between the two countries. Indonesia has moved further toward judicializing environmental accountability, while Timor-Leste requires stronger mechanisms connecting constitutional rights, citizen standing, judicial access, and effective remedies.
Reconstructing Indonesia’s Green Constitution: From Anthropocentric Environmental Rights Toward Ecocentric Constitutionalism I Gusti Bagus Suryawan
Law and Democracy Insight Vol. 4 No. 1 (2026): June 2026
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-550

Abstract

The recognition of environmental rights within constitutional frameworks represents a significant transformation in modern constitutional law. Indonesia has been categorized as a country with a green constitution due to the incorporation of environmental protection principles into the 1945 Constitution, particularly Article 28H paragraph (1), which guarantees the right to a good and healthy environment, and Article 33 paragraph (4), which requires sustainable and environmentally oriented economic development. These constitutional provisions demonstrate Indonesia’s commitment to integrating ecological considerations into state governance. However, despite strong constitutional recognition, environmental degradation, ecological conflicts, and unsustainable natural resource exploitation remain persistent challenges. This study examines whether Indonesia’s environmental constitutional framework has moved beyond an anthropocentric paradigm toward an ecocentric constitutional approach. Using normative legal research with statutory and conceptual approaches, this study analyzes constitutional provisions, environmental legislation, and contemporary theoretical developments in environmental constitutionalism. The study argues that Indonesia possesses a strong normative foundation for environmental protection; however, its constitutional environmental framework remains predominantly human-centred because environmental protection is primarily constructed as a means of protecting human welfare rather than recognizing the intrinsic value of nature.
Co-Authors Manuel Pinto