The state’s responsibility for the right to clean air as an implication of Jakarta ranking 1st in the world’s worst air quality from a human rights perspective

Abstract

On August 13, 2023, Jakarta was crowned as the most polluted city in the world. Air pollution has become a pressing issue in the community as it disrupts public health, and the constitution has stipulated that people have the right to a healthy environment. This article aims to discuss The State's Responsibility for the Right to Clean Air as an Implication of Jakarta Ranking 1st in the World's Worst Air Quality from a Human Rights Perspective. It reflects legal research that employs a statutory and conceptual approach. Primary legal materials are obtained from Indonesia's national laws and regulations and relevant international legal instruments, while secondary legal materials are derived from books, journal articles, and website content. The findings indicate that the government is responsible for safeguarding the people's right to a clean environment, as per the decision of the Central Jakarta District Court No. 374/PDT.G/LH/2019/PN.JKT.PST. In that decision, the panel of judges found that the defendants did not fulfill their duties as state officials in upholding the citizens' right to a clean and healthy environment in DKI Jakarta. This decision is supported by the high level of air pollution in Jakarta, with the average Air Quality Index (AQI) in October 2021 reaching 120 US AQI, which is classified as