Nature as a Legal Subject in the Preparation of Environmental Impact Assessments (Amdal): A Green Constitution Perspective for Social-Ecological Justice

Abstract

The analysis of Environmental Impact Assessments (Amdal) in project plans and/or activities has been considered crucial to anticipate environmental pollution and damage within the environmental legal system regulated by Indonesia’s Environmental Law. Amdal serves as a tool for communities to challenge various development projects that pose threats to their environment. However, the government has recently sought to narrow the space for public participation and the functions of Amdal, as evident in Presidential Regulation No. 2 of 2022 on Job Creation. This normative legal research aims to examine the urgency and concept of Amdal from a green constitution perspective. The study reveals that, from the green constitution perspective, the existence of Amdal with broad participation is essential. Instead of restricting it only to affected communities, as outlined in Presidential Regulation No. 2 of 2022 on Job Creation, participation in the preparation, submission of objections, and assessment of Amdal documents, according to the green constitution perspective, should be expanded not only to the general public but also to non-human entities, such as rivers, mountains, land, flora-fauna, and others. This study is expected to contribute to the revitalization of an ecocentric Amdal concept in line with green constitution principles, supporting efforts toward more ecocentric environmental protection. In a broader vision, this study is anticipated to contribute to the transformation of environmental law and the constitution to be more responsive to social-ecological justice.