Green Constitution in Practice: Environmental Policy Analysis During the Jokowi Era

This study critically examines the dissonance between Indonesia’s constitutional environmental commitments and the legal and political developments under President Joko Widodo’s administration. While the government promoted international narratives of sustainability, emphasizing the reduction of deforestation, energy transition, and ecological restoration, domestic legislative reforms revealed systemic contradictions. Notably, the enactment of Law No. 11/2020 on Job Creation and Law No. 3/2020 on Mineral and Coal Mining significantly weakened environmental safeguards in favor of investment liberalization. These reforms stand in tension with the 1945 Constitution, particularly Articles 28H (1), 33(3), and 33(4), which affirm the rights to a healthy environment, the public trust doctrine, and the principles of sustainable development. Using a normative legal method, this study reveals that while Indonesia’s Constitution and statutory laws provide a strong foundation for green constitutionalism, recent environmental governance trends demonstrate a significant gap between normative ideals and their implementation. The study advocates for a paradigm shift toward ecocentric legal reform, aiming to realign environmental legislation with constitutional mandates and enhance judicial and public oversight mechanisms.

Publication Details

Journal
Springer Link (Chiba Institute of Technology)
Published
2025-11-10
DOI
https://doi.org/10.1051/e3sconf/202566002006/pdf
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

Green Constitution in Practice: Environmental Policy Analysis During the Jokowi Era

Springer Link (Chiba Institute of Technology)
Legal and Policy Analysis in Indonesia
article

Green Constitution in Practice: Environmental Policy Analysis During the Jokowi Era

article en

Abstract

This study critically examines the dissonance between Indonesia’s constitutional environmental commitments and the legal and political developments under President Joko Widodo’s administration. While the government promoted international narratives of sustainability, emphasizing the reduction of deforestation, energy transition, and ecological restoration, domestic legislative reforms revealed systemic contradictions. Notably, the enactment of Law No. 11/2020 on Job Creation and Law No. 3/2020 on Mineral and Coal Mining significantly weakened environmental safeguards in favor of investment liberalization. These reforms stand in tension with the 1945 Constitution, particularly Articles 28H (1), 33(3), and 33(4), which affirm the rights to a healthy environment, the public trust doctrine, and the principles of sustainable development. Using a normative legal method, this study reveals that while Indonesia’s Constitution and statutory laws provide a strong foundation for green constitutionalism, recent environmental governance trends demonstrate a significant gap between normative ideals and their implementation. The study advocates for a paradigm shift toward ecocentric legal reform, aiming to realign environmental legislation with constitutional mandates and enhance judicial and public oversight mechanisms.

Springer Link (Chiba Institute of Technology)
Life in Land, Responsible consumption and production
Openalex Percentile: Top 27%
Legal and Policy Analysis in Indonesia
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