Legal Protection “Substantive Rights for Environmental Quality” on Environmental Law Against Human Rights in the Constitution in Indonesia

Abstract

Environmental law is a field of law called functional law, which is a field of law that contains the provisions of state administrative law.Because if we look at the third, both UULH 1982, UULH 1997 and UUPPLH 2009, contain norms of laws that fall into the field of state administrative law.Therefore, in all aspects, environmental law will always intersect with basic human rights, both administratively.Rights and problems are a problem that is almost a hot topic that is discussed all the time, how not, because the issue of rights is a problem that directly affects the identity of human beings as rights holders.Meanwhile efforts to uphold and recognize human rights continue to be endeavored to guarantee the protection and recognition contained in various constitutions, both in international and national (Indonesian) regulations.Included in the effort to accommodate the rights to the environment and the rights of the environment itself.For the size of Indonesia, 3 (three) environmental laws have evolved that try to raise the norms of individual rights and social rights into the formulation of their articles, either by adopting (ratifying) the results of international meetings or by exploring for themselves environmental awareness of the community, or sometimes through jurisprudence.Apart from the existence of these efforts, in reality still at the level of implementation, sometimes there are still rights that are violated (including environmental rights), especially regarding community rights.

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