Jurnal Hukum dan Pembangunan


BISAKAH ALAM MENJADI SUBYEK HUKUM? REFLEKSI ATAS BEBERAPA PENGALAMAN

Prabowo, Rian Adhivira (Unknown)
Seno, Adi (Unknown)
Setiawan, Fajar Ahmad (Unknown)
Herlambang, Unu P. (Unknown)
Ermansyah, Edho R. (Unknown)
Ginting, Gerry Pindonta (Unknown)



Article Info

Publish Date
03 May 2023

Abstract

This paper discusses three legal precedents regarding the legal personhood of nature in three countries; Ecuador, New Zealand, and India. Each country has recognized some natural areas as legal persons through different means. In Ecuador, the rights of nature, which resemble legal personhood of the nature, are recognized in the 2008 Amendment of Ecuador Constitution. Meanwhile, New Zealand has recognized the legal personhood of Whanganui River through legislated settlement treaty between the government and Maori peoples. Whereas in India, the rivers of Ganges and Yamuna have been recognized its legal personhood through the Uttarakhand High Court’s decisions. These three legal precedents are a very important breakthrough in legal studies regarding “who”, “whom” and now “what”, are recognized as a legal person. This article contains descriptions of the three precedents aforementioned which will be explored further in terms of possible advantages and also weaknesses that came with by recognizing nature as legal person.

Copyrights © 2023






Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...