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All Journal RESLAJ: Religion Education Social Laa Roiba Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Firman Octhaviana Sulistiyono
Universitas Jember
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Tanggung Jawab Negara terhadap Pencemaran Lingkungan dalam Perspektif Hak Asasi Manusia Lutfian Ubaidillah; Firman Octhaviana Sulistiyono; Fendi Setyawan; Dominikus Rato
Reslaj: Religion Education Social Laa Roiba Journal Vol. 8 No. 1 (2026): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v8i1.10460

Abstract

Environmental pollution caused by inadequate waste management has serious impacts on public quality of life and constitutes a violation of human rights. This research aims to analyze the responsibilities of the state in addressing environmental pollution and examine its relation to the fulfillment of the right to a clean and healthy environment as guaranteed by Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and international human rights instruments. This study employs a normative juridical method using statute and conceptual approaches. The findings reveal that the state, through central and regional governments, has a constitutional obligation to implement systematic, integrated, and sustainable waste management in order to protect citizens’ rights to a proper environment. Failure to fulfill this responsibility results in environmental degradation, increased public health risks, and human rights violations. Law enforcement, institutional strengthening, public participation, and good environmental governance are necessary to ensure a clean, healthy, and sustainable environment as a form of respect for human dignity.
State Responsibility for Environmental Pollution from a Human Rights Perspective Firman Octhaviana Sulistiyono
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/e135fs38

Abstract

Environmental pollution due to suboptimal waste management is a problem that continues to increase along with increasing population growth, urbanization, and changes in people's consumption patterns. This condition not only has a negative impact on ecology, but also has an impact on health, quality of life, and provides human rights. This study aims to analyze the state's responsibility for environmental pollution due to waste and examine waste management from a human rights perspective. The research method used is normative juridical research with a regulatory approach (statutory approach) and a contextual approach (conceptual approach). The results of the study indicate that the state has constitutional and juridical responsibilities in ensuring effective waste management, as regulated in Law Number 18 of 2008 concerning Waste Management and Law Number 32 of 2009 concerning Environmental Protection and Management. From a human rights perspective, a good and healthy environment is a fundamental right guaranteed in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and various international human rights instruments. Therefore, environmental pollution resulting from poor management can be considered a threat to the rights to health, the right to life, and the right to a decent environment. Sustainable waste management is a crucial instrument for realizing environmental protection and guaranteeing human rights.
Co-Authors Dominikus Rato Fendi Setyawan Lutfian Ubaidillah