The Efforts to Make a Green Constitution Through Judicial Review Conducted by the Constitutional Court

Abstract

One of the protection of the constitutional rights of citizens is related to the right to the environment. The concept of the Green Constitution which was adopted explicitly in the Indonesian constitution in the 1945 Constitution, namely Article 28H paragraph (1) which reflects constitutionally guaranteed rights to the environment, and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia which reflects the environmentally sound development and sustainable. The authority of the Constitutional Court in conducting judicial review provides an opportunity to protect the rights to the environment of citizens. Several laws relating to the environment that have been tested by the Constitutional Court, include the Law on Natural Resources, the Mineral and Gas Law, the Forestry Law. The existence of an examination of laws relating to the environment, the law will be more in line with developments relating to the latest environmental issues and felt by the community, so that the existence of the Green Constitution is an absolute must in the constitutional system in Indonesia. Public awareness of the right to the environment will certainly play a role in realizing the Green Constitution. Keywords-Green Constitution, Constitutional Court, Judicial