Abstract

Like many other countries, Indonesia has recently put the right to a ‘good and healthy environment’ into its Constitution. Also like many other countries, this right has been underutilised in its courts. This article demonstrates that underutilisation by examining the Constitutional Court cases in which the right has been mentioned. It then offers explanations for what we consider to be a conscious reluctance by lawyers and judges to use the right. Many of the reasons given to explain underutilisation or reluctance in the courts of other countries also help explain the Indonesian experience, including lack of judicial knowledge and difficulties in balancing competing rights. But additional factors are at play in Indonesia, including the political environment in which the Court operates, some of the Court’s decision-making practices, the way the right is worded in the Indonesian Constitution, and the preference of lawyers and judges for basing their arguments on generic constitutional rights rather than specific environmental rights.

中文翻译：

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印度尼西亚享有健康环境的宪法权利

摘要

与其他许多国家一样，印度尼西亚最近在其宪法中规定了享有“良好和健康环境”的权利。与其他许多国家一样，这项权利在其法院中并未得到充分利用。本文通过研究提到权利的宪法法院案件来证明未充分利用。然后，它为我们认为律师和法官自觉不愿使用权利的行为提供了解释。在其他国家的法院中解释未充分利用或不情愿的许多原因也有助于解释印度尼西亚的经验，包括缺乏司法知识和平衡竞争权方面的困难。但是，印尼还有其他因素在起作用，包括法院运作所在的政治环境，法院的某些决策行为，