WIDYAKALA JOURNAL
Vol 13, No 1 (2026): Urban Lifestyle and Urban Development

Towards a Green Constitution: Normative Reflection on Indonesia's 1945 Constitution in Global Comparative Context

Arfandy, Muh Farhan (Unknown)
Zashkia, Nurul (Unknown)



Article Info

Publish Date
01 Apr 2026

Abstract

This article analyzes the incorporation of environmental norms into constitutional law, focusing on the 1945 Constitution of the Republic of Indonesia within a comparative constitutional framework. Amid worsening global ecological degradation, the study investigates the extent to which the right to a healthy environment is recognized as a constitutional right and enforceable through legal mechanisms. Article 28H(1) and Article 33(4) of the 1945 Constitution reflect normative commitments to sustainable development, though in a general and non-justiciable form. Employing normative juridical and comparative legal methods, the study evaluates selected jurisdictions—Portugal, France, Ecuador, and India—which exhibit more progressive and enforceable environmental constitutionalism. The findings reveal that Indonesia's constitutional provisions remain insufficient in terms of clarity, institutional support, and judicial applicability. Therefore, this paper recommends a constitutional refinement through detailed and justiciable environmental provisions, accompanied by institutional guarantees. Strengthening environmental constitutionalism is essential to ensure intergenerational justice and ecological integrity within the framework of constitutional democracy..

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Journal Info

Abbrev

journal_widya

Publisher

Subject

Arts Humanities Other

Description

Widyakala's scientific journal is an interdisciplinary study in ten study program at Universitas Pembangunan Jaya (UPJ) as a contribution to the three principal scientific pattern of UPJ which is also an advantage of UPJ: 1. Humanist human development (Liberal arts) 2. Sustainable ...