examination of relevant documents to determine the relevant principles, standards, and guidelines, as well as

theoretical frameworks and administrative regulations. The findings of this study suggest that governments

should integrate environmental principles into environmental programs to avert ecological crises, update

development policies to place equal emphasis on economic, social, cultural, and environmental factors, and

reconstruct environmental law as a solution to environmental problems. The hope is that the research will

contribute to a more thorough understanding of environmental law in the context of contemporary

jurisprudence and shed light on pressing issues of government transparency and accountability in Indonesia. It

is hoped that this research will provide a solid foundation for improving Indonesia's legal framework and legal

practice to be more comprehensive and environmentally conscious.

At the 1972 United Nations Conference on the

Human Environment (UNCHE) in Stockholm, the

Declaration on the Human Environment was the

main topic of discussion. There are 27 future

principles outlined in the Rio Declaration on

Sustainable Development; this text incorporates 26

of those ideas, [1].

sustainable development policies that protect the

environment and its resources, [2]. In the years

following the Stockholm Declaration of 1972, there

was an initial global dialogue about environmental

protection, economic growth, and sustainable

development. The Environmental Protection

Agency of the United Nations This led to the

creation of both the program and Earth Day.

Presidential decrees, political consensus, and the

establishment of the State Ministry of Development

celebrate its tenth anniversary. During this decade,

Indonesia ratified several international treaties, such

as the Conservation of World Cultural and National

Heritage Convention (No. 26) in 1989, the Law on

the Law of the Sea (No. 17) in 1985, and the Law on

Environmental Protection (No. 4) in 1982. [3], this

presidential decree has now made the 1965 ASEAN

Agreement on the Preservation of Natural Resources

and Environment, inked in Bangkok, a law, [4], we

established the Environmental Impact Control

Earth Summit in Rio de Janeiro, Brazil, in 1992,

marking the beginning of the third decade (1992–

2002). Current birthrates, sustainable development

concepts (such as the "forestry principle," "Agenda

21," and "the framework convention on climate

change"), [6], Changes to Law 4 of 1982 and Law

23 of 1997; Law 5 of 1990 on Climate Change; Law

No. 5 of 1994 on Ratification of the Convention on

Biological Diversity; Law No. 6 of 1994 on

Ratification of the United Nations Framework

ratifying the International Tropical Timber

Agreement; Ninth, Proclamation No. 19/1999 on

Pollution Control and/or Marine Destruction; Tenth,

flora and fauna; Thirteenth, the incorporation of [8].

The Johannesburg Declaration, issued after the

World Summit in 2002, lays out plans for protecting

the environment from the negative effects of human

activity on a global, national, and regional scale to

foster sustainable development, [9]. There have

been several major environmental laws passed in

Indonesia during this decade, including: (1) Law

No. 21 of 2004 ratifying the Cartagena Protocol on

Biosafety; (2) Law No. 47 of 2005 ratifying the

amended to become Law No. 32 of 2009 on

Environmental Protection and Management, and (7)

Environmental Judges were appointed, [11].

President Joko Widodo oversaw progress in

forestry and environmental protection throughout

the country in the fifth decade (2012-2022).

Challenges on a worldwide scale, such as the Paris

Agreement, shaped this era, [12] and plans to

address global warming. Clear instructions, specific

instruments, regulations on peat and mangroves,

ratification, the ratification of the Minamata

Convention (Law No. 11 of 2017) and the Job

Creation Act of 2020 (Law No. 11 of 2020) were

enacted. (1) Law No. 11 of 2017 about the

ratification of the Minamata Convention; and (2) the

Job Creation Act of 2020 (Law No. 11 of 2020),

which prioritizes environmental and forestry

sustainability concerns alongside business

friendliness and job growth, [14].

The Indonesian government has implemented

neither the 1945 Constitution nor local rules made a

serious effort to address environmental harm.

Stone's "Should the trees stand?" sparked a

revolution in legal theory, and the author uses that to

justify his need for increased environmental

protection, [23]. This article examines the human

rights provisions in the Constitution and the

recognition of environmental rights. The idea of

ecocracy influences environmental legal disputes

worldwide, as seen in cases such as Sierra Club vs.

the holder of legal rights. All of nature will gain

from this strategy since it will institutionalize

to the government attempts to address rising

environmental issues. For the sake of future

generations and the health of the planet,

acidification must be both complex and structured.

The researcher began by introducing two

studies that offered different viewpoints on

environmental sustainability and economic

development. The first study was conducted by [26],

focused on the role of environmentally friendly

finance in achieving the Sustainable Development

innovative micro-enterprises; the second study looks

at how environmental law and policy in Indonesia

affect the conflict between economic interests and

environmental preservation. The planned research,

titled "Considering Responsibility: the GoI at the

Intersection of environmental damage and the

Sustainable Development Goals," aims to

investigate how legislation functions in addressing

the complexities of environmental damage.

social factors, and (3) suggest rebuilding

environmental law. In the long run, this research

hopes to help strengthen Indonesia's legal

framework and environmental management

practices by shedding light on important parts of

government transparency and accountability and

expanding our knowledge of environmental law in

contemporary jurisprudence.

The formulation of the research problem are: (1)

What role does the civil liability of the Indonesian

government play in environmental destruction? and

(2) When applying the principles of the

contemporary legal framework, how do we apply

As this study takes a quantitative problem-solving

approach to existing legal issues, it employs a

juridical normative IE research methodology based

on document studies that center on a critical

examination of guiding principles, norms, concepts,

theories, and enactment. [28], specifically in the

context of environmental law, in terms of resolving

existing issues and identifying new ones,

With an emphasis on a comprehensive analysis

of legal principles, norms, ideas, and theories as

legislative framework and how well it handles

environmental issues, while also finding out what

other obstacles are out there.

This report is useful because it provides a critical

assessment of the legal frameworks in place to hold

governments accountable for environmental harm.

This research adds to the existing literature on

environmental law and governance while also

offering concrete suggestions for how lawmakers

and lawyers might strengthen environmental

water, and other natural resources for the benefit of

the people, the government imposes regulations on

them.

The Indonesian government is in charge of

environmental management and must ensure that it

is both effective and sustainable. The government

subordinates, is required to report on the results of

their work.

However, society, the environment, or other

parties may complain if the government is careless

in carrying out its responsibilities. The Table 1

(Appendix) illustrates some of the conditions and

features that can arise in civil disputes.

Tort cases seek compensation for harm done to

individuals, while class action lawsuits represent the

interests of larger groups. Judicial review challenges

Legal actions of every stripe aim to correct

injustices and protect vulnerable populations.

Damages that an individual or business must

pay as a result of a civil wrong are known as

"damages". Responsibility is the source of civil

culpability, yet it lacks a precise definition of illegal

behavior. Articles 1365 and 1366 spell out the

compensation for injuries sustained as a result of

someone else's negligence.

Awareness of the available methods to address a

actual, physical harm caused by someone else's

illegal actions. On the other hand, a class action

lawsuit seeks to streamline legal processes, quickly

address broad problems, and symbolize a collective

rejection of individualism by combining similar

individual claims into a single case.

Judicial review covers both direct and indirect

interests, challenging the validity of laws and

protecting citizens' constitutional rights. Initiated by

NGOs, legal standing claims do not necessitate

to hold state administrators accountable for

decisions perceived as harmful to the public interest.

From individual grievances to more systemic

be deemed illegal:

The three main types of lawsuits in civil law are

contract, tort, and statutory. The harmed party may

file a lawsuit if there is no contractual tie to

safeguard them. The subject of law takes rights and

illegal actions or inactions, [29]. Public associations

such as provinces, counties, and municipalities are

recognized as legal entities under Article 1653 of

the Civil Code. These organizations are judicial

subjects, meaning they can be sued for their actions,

[30].

Due to its official representatives and their

ability to carry out legal acts, the government enjoys

the status of a legal body, [31]. Its roots are deep in

the past, and as a result, it is now recognized as a

by the public or legal entities, and it is the

government's responsibility to ensure that these

companies are held accountable. Anyone who

causes harm to another person is obligated to

recompense for that harm, according to Article 1365

of the Civil Code, [33]. Money, damages in kind,

prohibition, cancellation, or notice of remedies are

among the several forms of prosecution available

under Article 1365 of the Criminal Code, [31]. A

decent and healthy environment, as well as access to

9 paragraph (3) of Law No. 39 of 1999 on Human

Rights, and Article 3 letter b of the same document

ensures safety, health, and human life, [34].

person or people whose actions cause B3 waste and

constitute a serious danger to the environment

should be held fully responsible for the damages

that have occurred. No evidence of misconduct is

necessary to support damage awards under the

notion of strict responsibility. This provision is a

specialty of tort law, [35].

One can seek compensation for damages to the

environment due to pollution or destruction by

applying civil responsibility, a concept from the

complicates risk assessment in manufacturing. The

need to prove negligence or culpability creates

difficulties for authorities trying to enforce

environmental laws. Careful polluters can avoid

legal consequences for their actions. In 2009, the

concept of absolute accountability was established,

holding everyone and everything accountable for

their actions, including the government. This

relieves affected parties of the responsibility of

establishing causation and makes polluters more

Indian government has outlawed polluting industries

along the Ganges, [38]. Similar environmental

issues, such as deforestation, occurred in Indonesia

[39]:

environmental permits for forest concessions

that have been linked to pollution and

corruption. The Supreme Court overturned

Zainal's sentence of 14 years in jail and a fine of

Rp. 1,000,000,000. The case raises important

Riau. Vice Regent of Bengkalis, Normansyah

Abdul Wahab, disregarded Rokemendasi, a

had building flaws, according to the Audit

Board. According to the plaintiffs, the location

permits and the project site plans contradict

Bogor Regional Regulation No. 12 of 2009 on

Environmental Protection and Management.

2011, Governor Irwandi Yusuf of Aceh issued a

permit to turn the area into Kalista Alam. There

are now just 17 health centers with wastewater

management systems, but the Surabaya City

they've made. R. L. Rudiger:

According to Hikmahanto Juwana, "government

Due to loopholes in its implementation,

environmental law frequently leads to government

engagement in litigation, whether in the role of

plaintiff, enforcer, or defendant, [42]. At least until

it's put into action. Based on the author's research, it

is the duty of the state (and the government

specifically) to guarantee that its inhabitants can

reside in an environment free from hazards. The

duty of the state (and the government specifically)

rights". The term "air pollution" is defined as "the

entry or inclusion of substances, energy, and/or

other components into the ambient air by human

Air pollution from forest and land fires has led

to a smog calamity, producing ambiguous air that is

unable to do its job. Article 1365 of the Civil Code

establishes citizens' entitlement to a safe and healthy

environment as a tort actionable against the state or

In this particular citizen litigation, the plaintiffs

are a group of Palangka Raya city residents who are

Indonesian nationals. These defendants are the

Parliament of Central Kalimantan (defendant VII) of

In the massive forest fires that have occurred

since 1997, the most recent of which occurred in

2015, the plaintiffs allege that the defendants have

been negligent in carrying out their duties or

mandates as rulers or state officials, resulting in

losses, both material and immaterial, ranging from

the presence of sick people to deaths due to haze,

numerous ministers, the governor of Central

Kalimantan, and the DPRD—were blamed for

the repeated forest fires due to their subpar

efforts in preventing and combating the blazes.

community activities, including schools and

airports, and links to a variety of health issues,

including respiratory distress syndrome and

diarrhea.

legal sources:

As resource depletion, environmental

deterioration, and ecological collapse are all

potential outcomes of unchecked resource

extraction, modern environmental law places a

sustainable development, their functionality and

carrying capacity must be protected, Ecocentrism,

the philosophy of environmentally sound legal

related to environmental protection:

Because crises, ecological challenges, and

disasters are fundamentally caused by

misunderstandings, several number of principles

defined in environmental ethics must be pursued

and implemented in human life. To put it another

way, nature is something that can be manipulated

and used however one pleases. There must be a

conscious shift away from the current development

pattern. In addition to meeting people's material

needs, development must also protect and preserve

planet, humans are obligated to protect the

environment. This principle is foundational to

modern ecological law and has its roots in

customary law. Everyone has a role to play in

protecting the environment. This is why we must all

see environmental destruction as a shared

responsibility. Legal theories such as the "polluter-

pays principle" and "strict liability" represent the

belief that those responsible for harm should bear

the financial burden.

moral code. Destroying the environment serves no

useful purpose, as our moral code makes clear.

We are urged by the "eco-life" ideology to

environmental justice ensures equal opportunity for

all individuals, particularly Indigenous

communities, to access and utilize these resources.

More advanced societies should not forget or

overlook them. Moral integrity, especially among

public officials, ensures that environmental concerns

receive top priority. It stresses the significance of

holding beliefs and engaging in actions that

prioritize and safeguard the public interest,

particularly in the area of environmental protection.

ways.

When there is a gap in the law, construction

(engineering) law steps in to provide guiding

principles and legal anchors. There are three distinct

types of construction (engineering law), [60]:

by not applying it at all, applying it in a way

that differs from the requirements of the existing

written law, or handling it in such a way (subtly)

that no party is at fault.

argument," and it involves denying something

true, [61].

The author's earlier description of legal

construction must align with the law's interpretation,

namely:

general law and, more specifically, the history

of lawmaking, clearly demonstrate its

historicity.