Reconstructing Indonesia’s Green Constitution: From Anthropocentric Environmental Rights Toward Ecocentric Constitutionalism

Abstract

The recognition of environmental rights within constitutional frameworks represents a significant transformation in modern constitutional law. Indonesia has been categorized as a country with a green constitution due to the incorporation of environmental protection principles into the 1945 Constitution, particularly Article 28H paragraph (1), which guarantees the right to a good and healthy environment, and Article 33 paragraph (4), which requires sustainable and environmentally oriented economic development. These constitutional provisions demonstrate Indonesia’s commitment to integrating ecological considerations into state governance. However, despite strong constitutional recognition, environmental degradation, ecological conflicts, and unsustainable natural resource exploitation remain persistent challenges. This study examines whether Indonesia’s environmental constitutional framework has moved beyond an anthropocentric paradigm toward an ecocentric constitutional approach. Using normative legal research with statutory and conceptual approaches, this study analyzes constitutional provisions, environmental legislation, and contemporary theoretical developments in environmental constitutionalism. The study argues that Indonesia possesses a strong normative foundation for environmental protection; however, its constitutional environmental framework remains predominantly human-centred because environmental protection is primarily constructed as a means of protecting human welfare rather than recognizing the intrinsic value of nature.