Fulfillment of the Right to a Good and Healthy Environment through Air Pollution Control Policies in Jakarta

Serly Wulandari (Institut Pemerintahan Dalam Negeri)

JHR (Jurnal Hukum Replik)
Vol 12 No 2 (2024): JURNAL HUKUM REPLIK

Air pollution in Jakarta has become one of the major urban environmental issues that affects the fulfillment of citizens’ rights to a good and healthy environment, as guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The Provincial Government of Jakarta has implemented various air pollution control policies, including the Jakarta Governor Instruction Number 66 of 2019, Jakarta Governor Decree Number 576 of 2023 on the Air Pollution Control Strategy, and Jakarta Governor Decree Number 593 of 2023 on the Air Pollution Control Task Force. However, the persistence of air quality problems indicates ongoing challenges in ensuring the effectiveness of these policy implementations. This study aims to analyze the fulfillment of the right to a good and healthy environment through air pollution control policies in Jakarta and to examine the effectiveness of governmental governance in implementing such policies. This research employs a normative-empirical legal method (socio-legal research) using statutory, conceptual, case, and policy implementation approaches. The analysis applies Philipus M. Hadjon’s (1987) legal protection theory, Soerjono Soekanto’s (2014) legal effectiveness theory, and George C. Edwards III’s (1980) policy implementation theory. The findings indicate that the government has established sufficient legal foundations and policy instruments to control air pollution in Jakarta; however, the fulfillment of citizens’ rights to a good and healthy environment continues to face challenges related to policy implementation, supervision, inter-institutional coordination, and public participation. From a legal perspective, air pollution control represents a state obligation to protect citizens’ rights. Meanwhile, from a governance perspective, the success of air pollution control policies largely depends on effective governance mechanisms, cross-sectoral coordination, and collaboration among the government, communities, and private sector. Strengthening governance capacity is therefore essential to ensure that air pollution control policies provide tangible protection for citizens’ rights to a healthy and sustainable environment.