Rechtsvinding
Vol. 4 No. 2 (2026)

Legal Protection of the Right to a Healthy Environment from Waste Pollution in Indonesia

Yuninda Dwi Kartika (Universitas Langlangbuana)
Heddy Permana Putra (Universitas Langlangbuana)
Asep Kustiwa (Universitas Langlangbuana)
Alam Abdurrahman (Universitas Langlangbuana)
Sungguh Raja Sembiring (Universitas Langlangbuana)



Article Info

Publish Date
19 Aug 2026

Abstract

Waste that is not managed in an environmentally sound manner has become a major source of secondary pollution in Indonesia, affecting soil, water, air quality, public health, and the enjoyment of constitutional environmental rights. This study examines the positive-law framework protecting the public right to a good and healthy environment from waste pollution and evaluates the effectiveness of preventive and repressive legal instruments available to affected communities. The research uses normative legal research with statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law No. 32 of 2009 on Environmental Protection and Management, and Law No. 18 of 2008 on Waste Management; secondary materials consist of environmental law scholarship and official institutional reports. The study finds that Indonesian law provides a layered architecture of protection through constitutional environmental rights, environmental approvals, strategic environmental assessment, public participation, administrative sanctions, civil remedies, criminal enforcement, class actions, and Anti-SLAPP protection. Nevertheless, enforcement remains constrained by weak local oversight, conventional end-of-pipe waste governance, high litigation costs, and scientific difficulties in proving causation. The article argues that civil environmental protection should be strengthened through effective application of strict liability and evidentiary mechanisms that reduce the disproportionate burden borne by pollution victims. Such an approach is necessary to improve access to justice and advance environmental justice for communities exposed to waste pollution.

Copyrights © 2026






Journal Info

Abbrev

rechtsvinding

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

This journal is published by Civiliza Publishing twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope ...