GREEN CONSTITUTION CONCEPT TO ACHIEVE GREEN INDONESIA 2030

Abstract

The environment is the priceless gift from God the almighty. Such blessings must always be maintained, managed, and developed for a greater good.  The environment has a carrying capacity for life, all living things will be perished if the environment is degraded. As the science, technology, and industry increasingly develop, it has also an impact on the environmental degradation. The environmental degradation in Indonesia as the result of human almost reach its highest point. Deforestation, peatland degradation, and forest fires have placed Indonesia as one of the world's greatest greenhouse gas emitters at number three. This research aims to (1) analyze the application of green constitution concept in Indonesia and (2) study the application of technology in controlling its carbon dioxide emissions to achieve green Indonesia 2030. This research uses normative legal research methods with statute approach. This research uses secondary data as the main data source obtained from library research. It uses documentation method to collect the data to obtain valid information. The 1945 Constitution of the Republic of Indonesia accommodates the concept of sustainable development and provisions on human rights for a good and healthy environment, as stated in Article 28H paragraph (1) juncto Article 34 paragraph (4) of 1945 Constitution. The results of the study indicate that the 1945 Constitution and different laws and regulations below it have not been able to address the environmental issues in Indonesia. Indonesian constitution has a glimpse of “green” nuance. However, the 1945 Constitution only regulates the environment implicitly and has not specifically adopted the environmental sovereignty in some of its provisions. Environmental sovereignty in the 1945 Constitution has not been included in dedicated articles, but inherent on fundamental rights, i.e. human rights to the environment, while the laws under the 1945 Constitution do not reflect the alignment and harmonization of rights assurance for the sustainable development and pro-environment concept. Indonesia is committed to independently reduce greenhouse gas emissions by 29% and by 41% with international cooperation under the business as usual projection towards a green Indonesia 2030. The results show that the application of Carbon Capture and Storage (CCS) can maintain the stability of CO₂ to not exceed the concentration of 450 ppm in the atmosphere, it also created a negative impact in the environment. A leakage in CO₂ storage will cause carbon dioxide to seep through the caprocks pores in the form of flakes through the openings in faults, fractures, or traces of gas or oil drilling. The water around the CCS planting area will become acidic and even an explosion. Moreover, CCS technology is costly and requires large amounts of energy during the separation of CO₂ from all the gas released from the burning of fossil fuels and O₂ purification in gases to produce a clean combustion.