Syura: Journal of Law
Vol. 4 No. 1 (2026)

Environmental Governance under Decentralization: A Comparative Legal Analysis

Rusdiana, Shelvi (Unknown)
Romadona, Hanifah Ghafila (Unknown)
Situmeang, Ampuan (Unknown)
Bajury, Mimi Sintia Mohd Bajury (Unknown)
Fitri, Winda (Unknown)



Article Info

Publish Date
19 May 2026

Abstract

Environmental governance in Southeast Asia continues to face serious challenges due to climate change, pollution, and the persistent tension between centralized authority and local autonomy. This study addresses the legal problem of whether decentralization frameworks in Indonesia, Thailand, and the Philippines adequately support environmental governance and the protection of the right to a healthy environment. The study aims to comparatively assess the normative structure of decentralization and environmental regulation in those three jurisdictions and to identify the legal implications of centralized tendencies within their governance systems. This research employs a doctrinal legal research method with a comparative approach, relying on primary legal sources and relevant secondary materials. The findings show that all three countries formally recognize local governmental roles in environmental management, yet substantial centralized control remains dominant. Indonesia and Thailand exhibit stronger top-down regulatory structures that constrain local autonomy, while the Philippines offers a relatively more participatory and comprehensive framework, though it remains highly fragmented. The study concludes that decentralization in ASEAN environmental governance has not yet fully ensured effective legal protection of the right to a healthy environment.

Copyrights © 2026






Journal Info

Abbrev

syura

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to ...