Human Rights Aspect in the Indonesian Energy Transition: The Challenges of Promoting the Right to a Clean, Healthy and Sustainable Environment

Abstract

Indonesia's Constitution has recognised and guaranteed the right to a clean and healthy environment. Recognition of the right is even more relevant after the United Nations adopted the resolution to recognise it as a part of human rights in 2022. This paper will discuss the recognition and guarantee of human rights in the Indonesian legal framework on energy transition. As one of the responses to the climate change phenomenon, the energy transition should mainstream the human rights aspects. Doctrinal legal research methods are adopted in this study with a statute and conceptual approach. This study aims to map the problems of Indonesia's energy transition legal framework from a human rights perspective. The analysis results show at least three problems raised in recognising the right to a clean, healthy and sustainable environment in the Indonesian legal framework on energy transition: sectoral egos, incompatible legal instruments, and dependence on fossil energy.