Analysis of Green Constitutions in Environmental Law Related to Spatial Planning and Balance of IKN Development in Indonesia

Authors

  • Mardiana Fakultas hukum, Universitas Mulawarman Author
  • Syabila Saputri Mulawarman University, Samarinda, Inod Author

DOI:

https://doi.org/10.62872/z3m1te65

Keywords:

Environmental Law, Green Constitution, IKN

Abstract

This study analyzes the implementation of the green constitution in environmental law concerning spatial planning and the development of the National Capital (IKN) in Indonesia. The Green Constitution emphasizes environmental protection as a human right, as stated in Article 28H of the 1945 Constitution. The research focuses on the challenges of IKN development in East Kalimantan, including the risks of environmental damage such as deforestation and ecosystem disruption. The Indonesian government is committed to maintaining 80% of the IKN area as green space, but effective implementation requires stricter law enforcement and greater involvement of local communities. The methodology used is a normative juridical approach through the analysis of applicable legal regulations. The results highlight the importance of applying environmentally friendly technologies and ecosystem restoration as efforts to maintain environmental sustainability amidst development. Collaboration between stakeholders, including the government, private sector, and community, is essential to achieving a balance between economic growth and environmental preservation. This study recommends strengthening environmental law enforcement, increasing local community involvement in the development process, and the use of technologies that support sustainable development.

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References

REFERENCES

Book

Ria Siombo, Marhaeni. Environmental Law & Implementation of Sustainable Development in Indonesia: Gramedia Pustaka Utama, 2013.

Assidhiddiqie, Jimly. Green Constitution: Green Shades of the 1945 Constitution: Raja Grafindo Persada, 2017.

Assidhiddiqie, Jimly. Green and Blue Constitution: Nusantara Visionary Constitution: Raja Grafindo Persada, 2021.

Journal Article

Yanti Fristikawati, Nugroho Adi Pradana, "Environmental Protection, and Development of the State Capital (IKN) in Legal Review", Journal of Law, Legislation and Social Institutions. Sinta Justice Journal 4, Vol 7, No 2 . pISSN: 2541-4682/ eISSN: 2614-5642. 2022 : 384

Shelly Novi Handarini, Amelia Agusni, and Nurmayanti, "Realizing the Development of a Low-Carbon IKN through the Application of Environmentally Friendly Building Principles and the Procurement of Environmentally Friendly Goods and Services", STANDARD: Better Standard Better Living, Vol. 1 No. 2, 2022, p. 22.

Jenifer Gabrys, "Programming Nature as Infrastructure in the Smart Forest City", Journal of Urban Technology Volume 29, 2022 https://www.tandfonline.com/doi/full/10.1080/10630732.2021.2004067 Accessed October 10, 2022

Jatam: EIA and 5 IKN Project Documents Hidden from the Public. Raden Ariyo Wicaksono. (2023, July 3). Accessed on Apr 24, 2024. Quoted from https://betahita.id/news/detail/8956/jatam-amdal-dan-5-dokumenproyek-ikn-disembunyikan-dari-publik.html

Ministry of Environment and Forestry, 2015. as quoted by the Indonesian Forest & Forestry Status 2020, Ministry of Environment and Forestry of the Republic of Indonesia. 2020. ISBN: 978-602-8358- 91-0 :15-16

Dian Herdiana, "Moving the State Capital: Efforts to Distribute Development or Realize Good Governance", Transformative Journal, Volume 8 Issue 1, March 2022, p. 1

Legal Documents

Constitution of the Republic of Indonesia 1945

Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management

Law of the Republic of Indonesia Number 26 of 2007 concerning Spatial Planning

Law Number 26 of 2007 concerning Spatial Planning

Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands

Law Number 32 of 2014 concerning Marine Affairs

Law Number 11 of 2020 concerning Job Creation

Government Regulation Number 15 of 2010 concerning the Implementation of Spatial Planning

Government Regulation Number 62 of 2010 concerning the Utilization of the Outermost Small Islands

Government Regulation Number 8 of 2013 concerning the Accuracy of Spatial Plan Maps

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Published

2024-10-26

How to Cite

Analysis of Green Constitutions in Environmental Law Related to Spatial Planning and Balance of IKN Development in Indonesia. (2024). Ipso Jure , 1(8), 1-24. https://doi.org/10.62872/z3m1te65