Constitutional balance: Synchronizing energy and environmental policies with socio-economic mandates

Abstract

Article 33 of the 1945 Constitution (UUD 1945) has been a focal topic of normative legal study because of the tension it highlights between the competing goals of economic efficiency and social fairness. Public policy, particularly in the areas of energy and the environment, is impacted by this problem. Article 33 of the 1945 Constitution requires the government to exercise control over natural resources. However, this provision sometimes leads to “constitutional extractivism,” which puts efficiency ahead of social justice and environmental sustainability. This problem is especially noticeable in Indonesia’s mining investments, where a concentration on economic expansion at the expense of environmental and social justice is a real risk. Conventional techniques that place too much emphasis on quantitative data or public engagement need to be abandoned in favour of renegotiating objectives in the socioeconomic agenda from a public policy viewpoint. Indicators of social justice and environmental sustainability should be acknowledged as critical factors in the new paradigm. More study is required to align energy and environmental policy with societal and economic imperatives. The effects on society and the environment must be included in any policy that seeks to promote the use of renewable energy. To ensure that policies are just and lasting, they should be evaluated and revised on a regular basis.