THE RIGHT TO A GOOD AND HEALTHY ENVIRONMENT: A Comparison of Laws and Legal Breakthroughs Through Citizen Lawsuits

Abstract

This research aims to provide an explanation that every citizen has the constitutional guarantees to live and obtain a good and healthy environment to grow and develop as stipulated in Article 28 of the 1945 Constitution, the Charter of Human Rights, the Stockholm Declaration, and several constitutions of countries in the world. The juridical-normative method is the method used in this study where this research originates from primary, secondary, and non-legal materials and is analyzed descriptively and qualitatively. The results of the study show that there is a comparison of rights regarding the right to a healthy environment in various countries burdened by the state's obligation to maintain and increase the carrying capacity of the environment. The existence of a legal breakthrough Citizen Law Suit is an alternative for the rights of citizens to demand government responsibility for policies that harm citizens' rights through lawsuits in court.