Jurnal Ilmiah Hukum LEGALITY
Vol. 34 No. 2 (2026): September

Environmental Constitutionalism and Intergenerational Justice: Reconstructing Rights for Future Generations in Indonesia

Anwar Anwar (Faculty of Law, Universitas Widya Gama Malang, Indonesia)
Muhammad Ramadhana Alfaris (Faculty of Law, Universitas Widya Gama Malang, Indonesia)
Purnawan Dwikora Negara (Faculty of Law, Universitas Widya Gama Malang, Indonesia)
Sholahuddin Al-Fatih (Faculty of Law, Universitas Muhammadiyah Malang, Indonesia)



Article Info

Publish Date
23 Aug 2026

Abstract

This research studies the constitutional protection of environmental rights in Indonesia from the standpoint of intergenerational justice and articulates a reconstructive legal framework to protect the interests of future generations. Although the Constitution guarantees the right to a good and healthy environment, its formulation remains present-oriented, thereby potentially creating ambiguity in interpretation and leaving limited transformative impacts on  environmental governance. This research employs normative-juridical methods supported by statutory, conceptual, and comparative approaches. The primary legal materials comprise constitutional provisions, environmental legislation, and relevant court decisions, while secondary materials are drawn from scientific literature on environmental constitutionalism and intergenerational justice. The comparative point of view places Indonesia’s constitutional framework in the broader global development of protection for future generations. The novelty of this article lies in the formulation of an intergenerational constitutional responsibility model that consists of four operational tests: the long-term ecological impact, the precautionary, the non-regression, and the future generations representation. The discussion emphasises the important integration of the public trust doctrine, the precautionary principle, and the non-regression principle into constitutional interpretation and policy design. This research concludes that incorporating intergenerational obligations into constitutional practice is essential to ensure sustainable development, ecological resilience, and long-term democratic accountability.

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Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...