Rekonstruksi Keadilan Ekologis Berbasis Rights of Nature dalam Perspektif FIlsafat Hukum Lingkungan

Abstract

The global environmental crisis reveals the failure of anthropocentric legal approaches in providing fair and sustainable protection for nature. Approaches that place humans at the center of law have led to the exploitation of natural resources without considering the ecological rights of other living beings or ecosystems as a whole. This study reconstructs the concept of ecological justice by integrating the principle of rights of nature into Indonesia’s legal framework as an alternative, more ecocentric environmental law paradigm. The method employed is a normative juridical approach combined with philosophical analysis of ecological justice and legal recognition of nature as a subject with inherent rights. The findings show that rights of nature offer a transformative opportunity within the legal system by legitimizing direct protection for nature without intermediaries of human interests. The novelty of this research lies in systematically combining philosophical and juridical analyses to develop a new legal paradigm that recognizes nature as a legal subject in Indonesia, distinct from previous approaches still focused on human interests. This reconstruction of ecological justice provides a new normative foundation to regulate a balanced relationship between humans and nature, representing a crucial step toward achieving true ecological justice and addressing environmental sustainability challenges progressively.