Perlindungan Hak Atas Lingkungan Hidup yang Baik dan Sehat Sebagai Hak Konstitusional: Analisis Kasus Polusi Udara di Surabaya

Although the right to a good and healthy environment has been constitutionally guaranteed under Article 28H paragraph (1) of the 1945 Constitution and Law Number 32 of 2009, its implementation in Surabaya remains far from substantive fulfillment, particularly in the context of increasingly alarming air pollution; therefore, this study aims to analyze the implementation of such rights protection and identify the factors affecting its effectiveness. This study employs an empirical legal method with a qualitative approach, combining statutory and case approaches. Informants were selected through purposive sampling, encompassing local government officials, affected communities, and other relevant stakeholders. Data were collected through literature review, interviews, and observation, while data analysis was conducted through the stages of data reduction, data display, and conclusion drawing, with data validity verified through source and method triangulation as well as member checking. The findings indicate that air quality in Surabaya remains under pressure due to motor vehicle emissions contributing approximately 60–70% of total pollutant loads and industrial activities, while implemented policies such as emission testing, industrial supervision, and green open space development have not effectively reduced pollution levels significantly. The effectiveness of rights protection is influenced by four key factors: the gap between constitutional norms and field implementation, limited state institutional capacity, an imbalance between preventive and repressive legal protection, and low public participation alongside unequal distribution of pollution impacts.