REFLECTION OF POLITICAL LAW ON JOB CREATION IN REALIZING ENVIRONMENTAL JUSTICE

Abstract

Environmental protection is an important aspect of the state. The regulation of environmental protection and management is currently regulated in Law Number 32 of 2009, and has been amended through the Job Creation Law. The presence of the Job Creation Law has caused polemics in society, some are pro and some are contra, including the issue of the spirit of environmental protection which is in conflict with economic aspects. This study aims to reflect the legal politics of the Job Creation Law in an effort to realize environmental justice. This research uses doctrinal research methods as well as legal and conceptual approaches. The results of this study are first, the 1945 Constitution as the Indonesian constitution has adopted the concept of a green constitution. The constitutionalization of environmental norms provides space for protection in an effort to realize environmental justice. Second, the reflection of the legal politics of the Job Creation Law on the basis of a green constitution towards environmental justice has created the potential for a decrease in environmental protection, this condition on the basis of the green constitution concept requires strengthening at the constitutional level as a foundation. The low commitment to green nuances in the 1945 Constitution has the potential to cause bias in guaranteeing environmental law enforcement and the substance of the law at the green legislation level.