Author(s): Panti Silaban, Manotar Tampubolon
The primary goals of this qualitative article are to both theoretically and practically examine Vasak's concept of third generation human rights in the Indonesian Constitution. The constitutionality of Vasak's concept of green rights in his third generation of human rights reflects Indonesia's commitment to a healthy and sustainable environment. However, the concept is not applicable in practice because it is only disguised as having environmental merit. The green rights mentioned throughout the development of Indonesia therefore have negative environmental impact as this country employs counterproductive environmentally friendly strategic plans but mostly infringes human rights. This study employs the socio-legal method, as well as human rights and statutory approaches. The study is based on a desk review of the Constitution, International Covenant referenced books, legal doctrines, articles, law journals, and environmental rights documents. Along with institutional, implementation, and policy design failures, the Green Rights in the 1945 Constitution have not been applied holistically. To achieve environmentally friendly, sustainable development, as well as the emergence of intergenerational justice and human rights, the country must incorporate the concept of green rights into its constitution in a holistic manner between humans and nature.