Brian Janhano
Universitas Muhammadiyah Palangka Raya

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Towards a New Paradigm of Natural Resource Law in the Anthropocene: Reconstructing Ecological Justice and Public Welfare Jefri Bukhari; Brian Janhano
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 2 No. 1 (2026): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v2i1.13163

Abstract

This study reconstructs the paradigm of natural resource law in the Anthropocene as a response to the escalating ecological crisis characterized by excessive resource exploitation, biodiversity loss, pollution, climate change, and increasingly centralized governance that often marginalizes local communities and weakens ecological justice. It is based on the premise that the prevailing extractive and anthropocentric paradigm of natural resource law is no longer capable of addressing the interconnected challenges of environmental sustainability, social equity, and public welfare. Employing normative juridical research with a qualitative doctrinal approach, the study analyzes natural resource law through an integrated framework comprising the Public Trust Doctrine, Sustainable Development, Entangled Legal Pluralism, the Common Heritage of Mankind principle, and the ethical values of Maqasid al-Shariah. The findings demonstrate that existing legal frameworks remain fragmented and predominantly oriented toward economic exploitation, resulting in weak ecological protection, limited recognition of indigenous legal systems, and inadequate safeguards for intergenerational justice. In response, this study proposes a new paradigm of natural resource law that systematically integrates these complementary legal perspectives into a coherent normative framework emphasizing environmental stewardship, collaborative governance, ecological justice, and sustainable resource management. The study concludes that reconstructing natural resource law requires a fundamental shift from an exploitative regulatory model toward an integrated governance paradigm that balances ecological integrity, public welfare, constitutional responsibility, and long-term sustainability for present and future generations.