Disparitas Antara Hak Lingkungan Hidup Antara Warga Pedesaan dan Warga Urban: Suatu Tinjauan Yuridis

Abstract

Environmental human rights are truthfully innate right that is acquired by every citizen of Indonesia in The Unitary State of Republic of Indonesia, that is assisted by Article 28H of 1945 Constitution of Indonesia as the main juridical foundation in the acquirement of good and healthy environmental rights for every kind of people in society. However, in its application, rural society frequently does not acquire access of  good and healthy environment, such as  lack of proper housing that is owned by rural society, based upon 4 indicators of proper living home, and  additionally the still vulnerable food access of rural society. The objective of this research is nothing else to analyze disparities of environmental rights that is possesed by urban people and rural people, by using descriptive analytical method. The research output represented by Mentawai Island and The City of Bukittinggi as the portrayal of urban people and rural people, shows that there is still disparity between environmental rights that is retained by rural people. This is due relevant sources of law, neither do they exist as hard law, nor do they exist as soft law, both sources of law have not been capable to reach the complications of healthy environmental fulfilment, so thus rural   people could be assumed to have accomplished its environmental rights. This research shows that the related substantive regulation to prevent has not been capable to prevent the environmental rights disparities between urban people and rural people