Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia

Research Article

Quo Vadis, Greening Nature’s Rights? Enlivening Community Environmental Law and Establishing Legal Personhood for Nature

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2342425,
        author={Ahmad Habib Al Fikry and Nike Natasya Dewi Sumartono and Rofi  Wahanisa},
        title={Quo Vadis, Greening Nature’s Rights? Enlivening Community Environmental Law and Establishing Legal Personhood for Nature },
        proceedings={Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2023},
        month={12},
        keywords={rights community environmental law and legal personhood},
        doi={10.4108/eai.27-7-2022.2342425}
    }
    
  • Ahmad Habib Al Fikry
    Nike Natasya Dewi Sumartono
    Rofi Wahanisa
    Year: 2023
    Quo Vadis, Greening Nature’s Rights? Enlivening Community Environmental Law and Establishing Legal Personhood for Nature
    ICILS
    EAI
    DOI: 10.4108/eai.27-7-2022.2342425
Ahmad Habib Al Fikry1,*, Nike Natasya Dewi Sumartono1, Rofi Wahanisa1
  • 1: Faculty of Law, Universitas Negeri Semarang, Indonesia
*Contact email: alfikryahmadhabib@students.unnes.ac.id

Abstract

Nature and humans are two entities that cannot be separated. The relationship between the two influences each other. Humans who live together with nature are prevalent when doing something that harms nature. Therefore, to protect and manage the environment, the Law is present during such a situation. This paper aims to (i) explain the existing environmental Law in Indonesian society as a gateway to greening natural rights and (ii) explain quo Vadis are greening nature's rights through enlivening existing environmental laws in the community and establishing legal personhood for nature. The paper results show that (i) several environmental laws exist in Indonesian society to maintain and protect the environment from water and land. Some of these laws can be transplanted into favorable legal provisions so that they become a gateway to greening natural rights, and (ii) Efforts to reforest natural rights also require optimization through the establishment of legal personhood for nature as a legal subject in obtaining protection from human actions that can damage nature. Protection is something that must be considered and done by humans because both live side by side. Meanwhile, the Law strengthens the relationship between the two, and its existence creates balanced and prosperous reciprocity.