PERSPEKTIF HUKUM INDONESIA TENTANG HAK ATAS LINGKUNGAN HIDUP

Abstract

Abstract
The reality is that the environment is increasingly damaged by human actions.
The environment is positioned as an object of exploitation: Mining the earth
without control, deforesting without compromise, polluting water without
control, and other arbitrary actions. Violations of environmental norms result in
disasters, both natural and man-made, and have cost many human lives. The
destruction of the environment by a few people or companies has caused
suffering and human rights violations to the largest section of humanity. The
right to the environment is a basic human right that has been attached to
humans by nature, namely the rights that humans have as humans, which is a
gift from God. The right to a good and healthy environment as a human right has
been regulated in Article 28 of the Universal Declaration of Human Rights
(UDHR), African Charter on Human and People Rights, Article 21 (1);
International Covenant on Economic, Social and Cultural Rights (ESCR), Article
1 (2); UN Resolution 1803 (XVII), December 14, 1962; UN Resolution 3281
(XXIX), December 12, 1974; Agenda 21 of the 1992 Rio de Janeiro Earth Summit.
The right to a good and healthy environment in Indonesia has also been
regulated in the 1945 Constitution, MPR Decree No. XVII/MPR/1998, Law No.
39/1999 on Human Rights, Law No. 32/2009 on Environmental Protection and
Management, and Law No. 40/2007 on Limited Liability Companies.

Keywords: Indonesian Legal; Perspective; Right to the Environment