In the midst of the current global situation, where the threat of a crisis in the carrying capacity of ecosystems and the environment faced by Indonesia is increasingly real, the constitutionalization of environmental legal norms is critically needed in line with our spirit to strengthen democracy and the rule of law, as well as good governance.Â
What are the Green Constitution and Blue Constitution?
The Green Constitution or a translation of the Green Constitution is a method of constitutionalizing environmental legal norms to be included in a constitution - in this case of course the Indonesian constitution (UUD) - by increasing the degree of environmental protection norms to the constitutional level. Thus, the environmental basis is not only at the level of legislation (UU, PP, etc.), but becomes stronger.
The Blue Constitution or a translation of the Blue Constitution is an idea that is studied by expanding the notion of the concept of a sovereign Indonesian territory, in which the "territory" includes not only land and waters, but also airspace, outer space, and even outer space. (Aerospace) which is very important to reach within the framework of Indonesian national constitutionalism based on Pancasila.
What is the basis?
The discourse of a green constitution is seen from the reflection of the idea of power and human rights as well as the concept of economic democracy in the 1945 Constitution of the Republic of Indonesia. The highest power or sovereignty is in the hands of the people which is reflected in the concept of human rights to a good and healthy environment as intended in Article 28H Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, and also reflected in the concept of democracy related to the principles of sustainable development and environmental insight - this is as confirmed in Article 33 Paragraph (4) of the 1945 Constitution of the Republic of Indonesia.
Article 28H paragraph (1) reads,
"Everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy living environment and have the right to obtain health services."
Meanwhile, Article 33 Paragraph (4) of the 1945 Constitution of the Republic of Indonesia reads,
"The national economy is organized based on economic democracy with the principles of togetherness, efficiency with justice, sustainability with environmental insight, independence, and by maintaining a balance of progress and national economic unity".
