Ahmad Nugroho, Aan Eko Widiarto, Indah Dwi Qurbani
The global environmental crisis, combined with Indonesia’s ongoing unsustainable exploitation of natural resources, underscores the critical need for constitutional reform to effectively address environmental challenges and promote sustainable development. This study seeks to analyze the urgency and relevance of reconstructing the 1945 Constitution by integrating principles of a Green Constitution, which are essential to align the nation’s legal framework with the evolving demands of environmental sustainability. Employing a normative legal research method supported by a descriptive-analytical approach, the study examines the substantive gaps in the existing 1945 Constitution and related sectoral legislation concerning environmental protection. The analysis reveals that while the current legal framework acknowledges certain environmental rights, it lacks explicit, comprehensive provisions that emphasize sustainability as a guiding principle, thereby impeding the effectiveness of environmental protection measures. Furthermore, the study identifies that the fragmentation and inconsistencies in sectoral regulations hinder the achievement of a cohesive, enforceable legal standard for environmental protection. Integrating Green Constitution principles into the 1945 Constitution would not only strengthen legal safeguards for the environment but also ensure that national development policies are firmly rooted in sustainability objectives. The incorporation of these principles would foster greater alignment between environmental stewardship and human rights, reflecting a balanced approach to ecological preservation and socio-economic progress. Moreover, by establishing sustainability as a constitutional mandate, Indonesia can create a robust legal foundation that compels government institutions, businesses, and communities to actively engage in sustainable practices. The findings of this study contribute to the broader discourse on environmental governance and constitutional reform, highlighting the imperative for Indonesia to embrace a Green Constitution to confront the multifaceted environmental crises effectively. In conclusion, the reconstruction of the 1945 Constitution to incorporate Green Constitution principles will lay the groundwork for comprehensive legal mechanisms that safeguard environmental integrity and promote a sustainable future for Indonesia. Copyright (c) 2026 The Authors. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Faculty of Law, Brawijaya University, Malang, Indonesia
