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All Journal El-Mashlahah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Ekspose: Jurnal Penelitian Hukum dan Pendidikan Jurnal Al-Dustur El-Usrah: Jurnal Hukum Keluarga Jurnal Suara Hukum Qaumiyyah: Jurnal Hukum Tata Negara Al-Bayyinah Datuk Sulaiman Law Review (DaLRev)
Andi Sugirman, Andi
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Journal : Al-Bayyinah

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The Principle of Intergenerational Justice in Environmental Management and Its Relation to the Concept of Sustainable Development Sugirman, Andi
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.4367

Abstract

The principle of intergenerational justice and its relationship to the concept of sustainable development in environmental management is an endlessly discussed issue. Considering that the environment is one of the most crucial elements for the survival on Earth, this study constructs the principle of intergenerational justice as an effort towards sustainable development in environmental management, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. This study falls under the category of literature research, examining literature data from law books, journals, legislation, and other relevant references. The research findings indicate that the management and utilization of natural resources between generations should be carried out fairly, meaning that the present generation has an obligation to pass on the environment in a good condition to future generations. Therefore, environmental management and utilization must be based on moral and sustainability principles. The concept of sustainable development embodies the principles of intergenerational justice. In the practice of law enforcement, the principle of intergenerational justice has been implemented by the Philippine government, as exemplified by the Minor Oposa case in 1993, which involved deforestation. In Indonesia itself, the normative principles of intergenerational justice have been accommodated in various principles, as stated in Article 2 of Law Number 32 of 2009 concerning Environmental Protection and Management.
Climate Constitutionalism in Indonesia: Legal Pathways for Climate Action Amir, Irfan; Try Setyawanta , Lazarus; Diamantiana , Amalia; Sugirman, Andi
Al-Bayyinah Vol. 9 No. 2 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i2.10733

Abstract

Climate change constitutes a multidimensional environmental and constitutional challenge that demands coherent legal frameworks capable of guiding state responsibility in mitigation and adaptation efforts. This study examines Indonesia’s climate governance through the lens of climate constitutionalism, focusing on how constitutional norms, legal institutions, and policy structures shape the state’s climate obligations. Employing a normative-empirical approach, the research analyzes constitutional provisions, statutory regulations, judicial decisions, and international climate agreements, complemented by institutional reports and selected case studies. The findings reveal that although Indonesia’s Constitution recognizes the right to a good and healthy environment, fragmented legal frameworks, institutional layering, and weak inter-sectoral coordination undermine the effective realization of substantive climate rights. The absence of an explicit constitutional interpretation linking climate obligations to fundamental environmental rights further limits state accountability and constrains the integration of intergenerational and ecological justice into national policy. This study argues that strengthening climate governance does not require a formal constitutional amendment but rather a reinterpretation of constitutional duties through the lens of climate justice. By articulating climate constitutionalism as a normative and institutional pathway, this research contributes to the broader discourse on constitutional environmentalism and offers a context-sensitive model for Global South countries seeking to align domestic legal systems with climate imperatives. Future reforms should prioritize institutional coherence, enhanced judicial engagement, and meaningful public participation to ensure that constitutional environmental commitments translate into enforceable and measurable climate action.
Co-Authors A, Abdussalam Amir, Irfan Amri, Aulil Andri Sutrisno Ardiana, Ulfa Arfah, M. Thahir Asmaul Husna asni zubair Bone, Sholihin Darna, Andi Diamantiana , Amalia Fajar Fitryantica, Agnes Hamzah Harianto, Dadang Jumriani Nawawi Latif, Hamzah Mursyid Djawas Rahmatul Akbar Rizwan, Muhammad Satriadi, Satriadi Sohrah Sohrah, Sohrah Solin, Siti Dian Natasya Try Setyawanta , Lazarus Waruwu, Monaldus Fatiso