The Job Creation Law and the Environment

Indonesia as a country that has high commitments and ambitions in terms of environmental protection, becomes a paradox after the enactment of the Job Creation Law. The controversy and strong pressure from the public, especially environmental observers in the discourse of this Law, is very clear, that this Law has the potential to have a negative impact on environmental sustainability.

This is evidenced by a study conducted by Sudharto, et al. which shows the fact that the Job Creation Law (1) does not prioritize the aspirations of environmental activists and academics and (2) is a threat to environmental sustainability (Hadi et al., 2023).

The second point above is proven when the Constitutional Court issued Decision Number 91/PUU-XVIII/2020 which stipulated the Job Creation Law as conditionally unconstitutional and formally it was formed without meaningful public participation.

This law was then controversially “revived” by the legislature and executive through the mechanism of issuing a Perppu, further isolating the interests and participation of the public in it. Based on the arguments above, the point put forward by the author is the importance of forming democratic participatory regulations in realizing environmental sustainability.

Environmental Law Legislation in International Instruments

Provisions regarding the importance of public participation in environmental issues have also been accommodated in several international instruments, UNCED 1992, UN Millennium Declaration 2000, and Monterey Consensus. However, there is one convention that is recognized as a milestone in democracy in the formation of environmental policy, namely the Aarhus Convention. This convention has been adopted as a standard for public participation in environmental management in Europe and even globally (Ivalerina, 2021).

Related to control and preventive systems, the framework built by the UK can be used as a good example. The British government prioritizes clear and measurable measurements in policymaking so that the Sustainable Development Commission and the Environmental Audit Committee are formed which are tasked with monitoring whether the policies formulated are in line with the SDGs and public participation standards. Furthermore, all public institutions have also been conditioned and required to realize this (Jenkins, 2002).

Final note: the role, function, and purpose of law in general will not be able to become what has been aspired to without public involvement in it. Legislative products that are made in isolation from public interests and participation can be ensured to receive pressure and resistance.

Viewed from a political perspective, policies that are formed with minimal public participation logically also have minimal political legitimacy, meaning a lack of transparency and accountability that can be questioned. Viewed from the impact side, it will be difficult to be a means of engineering for society.

Quoting Principle 10 UNCED 1992, what needs to be underlined is that public participation in environmental issues is something that is obligatory and can be categorized in the human rights regime. This means that providing access to public participation is one way to open up access to justice itself.

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