The Legal Framework of Green Governance in Archipelagic State Based on Constitution of The Republic of Indonesia

摘要

Indonesia was an archipelagic state that characterized by nusantara affirmed in Article 25A, constitution of the republic of Indonesia, Undang-Undang Dasar Negara Republik Indoensia (UUD NRI 1945) in chapter IXA which explains the territory of the country. This had two consequences, first, that sovereignty over the territory of Indonesia was based on the concept of an archipelagic state as stipulated in the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982). Secondly, legal politics towards national development should be based on the concept of an archipelagic state that was insightful to nusantara. In this study, the emphasis was on the second consequence, namely national development that had nusantara insight, especially in matters of government that had principles green governance in carrying out their authority. The principle of green governance was actually inseparable from the green constitutional framework contained in the UUD NRI 1945, then it became a basic reference in formulating the legal framework green governance in government. This research also provided new ideas about coherenced between green governance and the concept of an archipelagic state, it was very necessary to create sustainable development in Indonesia. Because without regarded to the territorial characteristics of a country, this would create gaps and difficulties in implementing them in real terms. This research used legal research methods, with two approaches, namely statute approach, and conceptual approach.