Karya Ilmiah
DISERTASI (0072) - Konstitusionalisasi Hak Atas Lingkungan Dalam Perkembangan Hak Asasi Manusia Di Indonesia
The correlation between the right to good and healthy environment and the
human rights identifies from the result of historical, theoretical and philosophical
analysis. Historically, the human’s right on environment have been the central
issue post first generation and are part of the history of human rights development.
Theoretically, the human’s right on environment is the right which has been
elaborate from the theoretical analysis of human rights. Philosophically, the
human’s right on the environment is an essential in terms of human rights study.
Meanwhile, constitutionalization of the principle of human’s rights to good and
healthy environment serve as fundamental rights on the philosophical dimension,
politics and law that also act as an absolute requirement of the
constitutionalization on the human’s right on the environment as fundamental
rights in a country.
Constitutionalization the human’s right to decent and healthy environment
in a country will not be comprehensive enough to support the realization of
universal environment order if did not be supported by the implementation of
those three dimensions.
Includes in this context is Indonesia. The history of the Indonesia’s
constitutional experience has been never implement the three dimensions of those
fundamental rights and constitutionalizion principle except only in the form of
intercorporation of the human’s right to good and healthy environment is limited.
Different with the experience from several countries such as Swiss ,
Latvia, Norway, and Ecuador as states that relatively implement such three
dimensions as well as has been selected as states with cleanest environment
quality in the world (2010). Therefore, the recommendation and new finding of
this research is constructive idea which called Modern State Constitution which
base and be oriented to the Universal Environment order that consist of general
and special principles. The idea is the result of elaboration of those three
dimensions cumulative constitusionalization of the human’s right to good and
healthy environment as fundamental rights (philosophy, politics and law)
030970521 | 0072 | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain