Mimbar Keadilan
Vol. 19 No. 2 (2026): Agustus 2026

Constitutional Justice of the Right to Clean Air in Indonesia: Recognition, Protection, and State Responsibility

Elsa Diana Fartikasari (Universitas Hang Tuah, Indonesia)
Ilham Dwi Rafiqi (Universitas Hang Tuah, Indonesia)



Article Info

Publish Date
01 Aug 2026

Abstract

Indonesia recognizes the right to a healthy environment, yet explicit constitutional recognition of the right to clean air remains inadequate. This study analyzes the right to clean air in Indonesia through a constitutional justice perspective, emphasizing that environmental protection is not merely a regulatory matter but a manifestation of substantive justice guaranteed by the Constitution. Using normative legal analysis, the article examines the implications of Articles 28H and 33 of the 1945 Constitution and their relationship to the state’s obligation to secure air quality as part of human rights protection. The findings show that although Indonesia has enacted various environmental regulations, including the Environmental Protection and Management Law, the absence of explicit recognition of the right to clean air weakens its justiciability and limits the effectiveness of legal protection. As a result, air quality governance often remains reactive and may produce ecological inequality, particularly affecting vulnerable communities. Strengthening constitutional interpretation to affirm the right to clean air, harmonizing sectoral regulations, and reinforcing state accountability are therefore necessary to realize constitutional justice. The article concludes that recognizing the right to clean air as a constitutionally protected right is essential not only for public health and environmental sustainability, but also for ensuring equitable protection of present and future generations in accordance with Indonesia’s human rights commitments.

Copyrights © 2026






Journal Info

Abbrev

mimbarkeadilan

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is ...