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

Constitutional Ecocentrism: Reinvigorating Intergenerational Justice Rooted in Pancasila Through the Recognition of Nature’s Rights

Eka Faizin Hidayat (Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia)
Basuki Kurniawan (Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia)
Ahmad Zaini (Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia)



Article Info

Publish Date
01 Aug 2026

Abstract

The escalating ecological crisis in 2026 demands a fundamental shift in constitutional law paradigms, from anthropocentrism toward ecocentrism. The Indonesian Constitution, particularly Article 28H paragraph (1) of the 1945 Constitution, still dogmatically positions the environment merely as an object for fulfilling human needs. This paradigm indirectly legitimizes massive exploitation that threatens intergenerational justice. Therefore, this study aims to construct the recognition of Rights of Nature as an independent legal subject through the reactualization of the First, Second, and Fifth Principles of Pancasila to ensure the realization of ecological justice and civilized humanity. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings reveal that current environmental law enforcement often experiences stagnation due to the absence of legal personhood for nature, resulting in nature’s inability to exercise legal standing to challenge its own destruction. Through the reactualization of the values of Divinity, Just and Civilized Humanity, and Social Justice, the concept of justice must be interpreted extensively across temporal dimensions (intergenerational) and ontological dimensions (recognizing ecosystem entities). Drawing lessons from Ecuador’s constitutional framework and jurisprudence, the recognition of Rights of Nature in Indonesia may be realized through the Constitutional Court’s evolutionary interpretation of the State Control doctrine under Article 33 of the 1945 Constitution, followed by the institutionalization of an ecological guardianship mechanism. This framework would establish absolute constitutional protection to restrain short-term economic exploitation for the sustainability of future ecosystems.

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 ...