Environmental Justice and Land Rights: Analyzing the Impact of the 1945 Constitution and the Law on Agrarian Reform in Climate Adaptation Policies

Abstract

This paper analyzes the intersection of environmental justice, land rights, and climate adaptation policies in Indonesia, focusing on the impact of the 1945 Constitution and the Law on Agrarian Reform (UU No. 5/1960) in shaping land use and access amidst climate change challenges. As Indonesia faces escalating climate impacts such as flooding, droughts, and coastal erosion, land rights become a crucial element in both environmental justice and adaptation strategies. The 1945 Constitution, which enshrines land as a state asset with the potential for distribution to achieve social justice, and the Agrarian Reform Law, which aims to redistribute land for the benefit of landless peasants, are key legal frameworks that govern land use and ownership. This study examines how these legal instruments intersect with climate adaptation policies, particularly in the context of marginalized communities that are disproportionately affected by environmental degradation and land dispossession. Using a combination of legal analysis, case studies, and interviews with affected communities, the research explores how land tenure systems, agrarian reform policies, and climate adaptation measures can be harmonized to promote both environmental sustainability and social equity. Findings indicate that while the 1945 Constitution and the Agrarian Reform Law offer potential tools for advancing land justice, their implementation often falls short, particularly in the face of growing pressures from development projects, deforestation, and corporate land grabs. The paper argues that integrating environmental justice into land rights policies is essential for effective climate adaptation, particularly for vulnerable populations who rely on secure land tenure for their livelihoods and resilience.