Public Trust Doctrine in Indonesia: Expectation and Prospect

Abstract

Public Trust Doctrine (PTD) is a principle that states the government holds the trust of natural resources for public interest or public use above all interest, even if it is already a private-owned property. A similar clause can be found in Article 33 (3) of Indonesia’s 1945 Constitution that states all of the vital natural resources are under the control of the State and used for the maximum benefit and prosperity of the people. On the contrary to its Constitution, Indonesia’s government enacted many unfortunate regulations that promote unsustainable exploitation of natural resources and tossing aside public interest and welfare. The research described how other countries perceive PTD and its practices and then follows the possibilities and prospects of conducting PTD in Indonesia’s law perspective. The research is a qualitative research conducted in doctrinal legal method with a comparative and analytical approach. From the arguments and analysis conducted, PTD can be adopted and integrated in Indonesia environmental scenes with amendment and conformation to current applied law.