Environment as a Legal Subject in the Reconstruction of Indonesia’s Environmental Law

Zico Junius Fernando; Lestari Sinaga; Iskandar Iskandar; Nurhayati Mardin; Firdaus Arifin

doi:10.15294/ijel.v4i1.20146

Authors

Zico Junius Fernando Faculty of Law, Universitas Bengkulu Author https://orcid.org/0000-0001-7285-2147
Lestari Victoria Sinaga Faculty of Law, Universitas Darma Agung Author https://orcid.org/0000-0001-7285-2147
Iskandar Iskandar Faculty of Law, Universitas Bengkulu Author https://orcid.org/0000-0002-0062-0993
Nurhayati Mardin Faculty of Law, Universitas Tadulako Author https://orcid.org/0009-0001-1209-2307
Firdaus Arifin Faculty of Law, Universitas Pasundan Author https://orcid.org/0000-0002-4830-7605

DOI:

https://doi.org/10.15294/ijel.v4i1.20146

Keywords:

Environment as a Legal Subject, Eco-Centrism, Biocentric Justice, Legal Reform, Environmental Law Enforcement.

Abstract

This study aims to analyze the new paradigm of recognizing the environment as a legal subject within Indonesia's legal system and its implications for environmental law enforcement. Driven by the increasingly complex environmental crisis caused by natural resource exploitation, environmental degradation, and climate change, this paradigm introduces an eco-centric approach and the theory of biocentric justice. The concept acknowledges the environment as a legal entity with intrinsic rights to exist, develop, and be restored when damaged. The research employs a normative approach with qualitative analysis methods and comparative studies of countries such as Ecuador, Bolivia, New Zealand and India which have implemented the recognition of the environment as a legal subject. The findings indicate that recognizing the environment as a legal subject in Indonesia requires comprehensive legal reforms, including constitutional amendments, the enactment of specific laws on environmental rights, strengthening law enforcement institutions, and empowering communities. This recognition is expected to enhance environmental law enforcement, establish ecological justice, and promote sustainable development. Therefore, this paradigm not only serves as a solution to the environmental crisis but also reflects Indonesia's commitment to Pancasila values and the sustainability of future generations.