Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Hak atas Lingkungan Hidup yang Baik dan Sehat sebagai Hak Asasi Manusia: Tantangan Konstitusional dan Implementasinya di Indonesia

Ulfi Dwiani (Unknown)
Windi Putri Oktapiani (Unknown)
Siti Ulfah Awaliyah (Unknown)
Jasmine Az-Zahra (Unknown)
Yoyoh (Unknown)



Article Info

Publish Date
29 Dec 2025

Abstract

The right to a good and healthy environment has been universally recognized as an integral part of human rights (HAM), as affirmed in the Stockholm Declaration 1972, Rio Declaration 1992, and Article 28H paragraph (1) of the 1945 Constitution of Indonesia. This study analyzes the constitutional recognition of this right in Indonesia, the challenges in its implementation amid environmental degradation due to industrialization and urbanization, and its legal implications for human rights enforcement. Employing a normative juridical approach with analysis of international and national legal documents and a case study on the Citarum River pollution, the findings indicate that while normatively robust, this right remains weak in enforcement due to ineffective sanctions and poor inter-agency coordination. Reforms in human rights-based legislation and strengthening of environmental courts are recommended to realize a healthy environment as a substantive human right.

Copyrights © 2025






Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...