Arguing Religion in Environmental Judicial Review Before the Indonesian Constitutional Court: Exploring an Alternative Approach

Abstract

Indonesia, an archipelagic nation-state, faces multiple environmental challenges, including climate change. In the search for solutions, the significance of religion in Indonesian constitutional jurisprudence and politics led to the realization that constitutional arguments can be made based on religious doctrine and values to enforce environmental rights and duties – an alternative approach to environmental judicial review already observed in other Muslim-majority countries. This paper argues that the same can be achieved with constitutional arguments on the right to religious freedom before the Indonesian Constitutional Court, and with Islamic NGOs leading the charge. Arguments and outcomes of past religious freedom cases before the Court, how NGOs shape constitutional review, as well as Islamic environmentalism will inform the evaluation of the plausibility and strategy of the alternative approach in Indonesia.