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Recibido: 2024-08-09 Aceptado: 2024-09-14
Página 195
From human-centered to ecofeminist environmental policies:
harnessing pancasila for global sustainability solutions
Natalis, Aga
1
Orcid: http://orcid.org/0000-0001-7077-9169
Purwanti, Ani
2
Orcid: http://orcid.org/0000-0001-9164-1679
Wijaningsih, Dyah
3
Orcid: https://orcid.org/0000-0002-0976-6227
Susila Wibawa, Kadek Cahya
4
Orcid: https://orcid.org/0000-0001-5468-8072
Colectivo de Investigación
Correo: aganataliss@lecturer.undip.ac.id
Diponegoro University, Semarang City. Indonesia
Abstract
This paper examines the move from anthropocentric to ecofeminist viewpoints in
environmental policy and how this shift might be incorporated into a Pancasila-
based solution to global environmental concerns. Anthropocentrism is the view
that humans are the most powerful and valuable beings on the planet and that the
natural world exists primarily for human benefit. This perspective has long
dominated environmental policy, with laws and practices centred on exploiting
natural resources for human consumption and economic gain. Ecofeminism, on
the other hand, is a viewpoint that acknowledges the interdependence of all living
things and the significance of safeguarding the environment for all life, not just
human life. This viewpoint emphasises the significance of appreciating and
safeguarding the natural world and acknowledging human actions’ impact on the
environment. The paper suggests that a transition from anthropocentric to
ecofeminist approaches in environmental policy is vital to meet the current global
environmental concerns. Incorporating a Pancasila-based strategy, which is the
philosophical underpinning of the Indonesian state and stresses the importance of
1
PhD in Law. Researcher at the Faculty of Law, Diponegoro University, Semarang, Indonesia.
2
PhD in Law. Researcher at the Faculty of Law, Diponegoro University, Semarang, Indonesia.
3
PhD in Law. Researcher at the Faculty of Law, Diponegoro University, Semarang, Indonesia.
4
PhD in Law. Researcher at the Faculty of Law, Diponegoro University, Semarang, Indonesia.
Sección: Artículo científico 2025, enero-junio, año 5, No. 9, 195-245
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unity, justice, and social welfare can give a framework for a holistic and
sustainable approach to environmental policy, according to the findings of the
study. The study implies that a Pancasila-based approach to environmental policy
would emphasise the conservation of the natural environment and the well-being
of all living things over economic growth and human profit alone. This strategy
would also recognise the importance of indigenous knowledge and practises in
environmental management and conservation. The study also emphasises the
significance of including women and marginalised communities in environmental
policy decision-making, as these groups are disproportionately affected by
environmental degradation and have unique perspectives and experiences to
contribute.
Keywords: Environmental policy, revolution, worldviews, environmental law;
anthropocentrism, ecofeminism.
De políticas ambientales centradas en el ser humano a políticas
ecofeministas: aprovechando el pancasila para soluciones de
sostenibilidad global
Resumen
Este artículo examina el cambio de puntos de vista antropocéntricos a
ecofeministas en la política ambiental y cómo este cambio podría incorporarse en
una solución basada en el Pancasila para las preocupaciones ambientales globales.
El antropocentrismo es la visión de que los humanos son los seres más poderosos
y valiosos del planeta y que el mundo natural existe principalmente para el
beneficio humano. Esta perspectiva ha dominado durante mucho tiempo la política
ambiental, con leyes y prácticas centradas en la explotación de recursos naturales
para el consumo humano y el beneficio económico. El ecofeminismo, por otro
lado, es un punto de vista que reconoce la interdependencia de todos los seres
vivos y la importancia de proteger el medio ambiente para toda la vida, no solo la
vida humana. Este punto de vista enfatiza la importancia de apreciar y
salvaguardar el mundo natural y de reconocer el impacto de las acciones humanas
en el medio ambiente. El artículo sugiere que una transición de enfoques
antropocéntricos a enfoques ecofeministas en la política ambiental es vital para
abordar las actuales preocupaciones ambientales globales. Incorporar una
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estrategia basada en el Pancasila, que es el fundamento filosófico del estado
indonesio y subraya la importancia de la unidad, la justicia y el bienestar social,
puede proporcionar un marco para un enfoque holístico y sostenible de la política
ambiental, según los hallazgos del estudio. El estudio implica que un enfoque
basado en el Pancasila para la política ambiental enfatizaría la conservación del
entorno natural y el bienestar de todos los seres vivos sobre el crecimiento
económico y el beneficio humano solamente. Esta estrategia también reconocería
la importancia del conocimiento y las prácticas indígenas en la gestión y
conservación del medio ambiente. El estudio también destaca la importancia de
incluir a las mujeres y a las comunidades marginadas en la toma de decisiones de
la política ambiental, ya que estos grupos se ven desproporcionadamente afectados
por la degradación ambiental y tienen perspectivas y experiencias únicas que
contribuir.
Palabras clave: Política ambiental, revolución, cosmovisiones, Ley Ambiental,
antropocentrismo, ecofeminismo.
Introducción
Law and public policy go together like “Hand in Glove” (Kim, 2014). If the
two are not together, it is not complete. To understand this relationship, you can
look at it from both sides. According to Kraft and Furlong (Kraft & Furlong, 2017),
public policy is what government officials and, by extension, the people they
represent decide to do or not do about public problems. Public problems are
situations that most people agree are not acceptable and therefore need to be fixed.
Based on what Kraft and Furlong said above, public policy is what the
government does or does not do to solve social problems. Social problems are
situations that most people in society agree are wrong and therefore need help from
the government. In the meantime, according to Van Kan (1943), the law is a set of
living rules that can force people to do what is best for society.
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No matter how you look at the law and public policy, you can see that they
are connected because social problems need public policy as a natural form of
government intervention to solve them, either directly or indirectly. To help solve
these social problems, the government needs the law to protect the results of
mutually agreed-upon political agreements, which protect human interests against
different social problems. Also, Kim’s (2014) legal position is that it “gives
legitimacy and authority to state actions”. This means it gives the state or
government the right to carry out its policies to solve problems like the Covid-19
pandemic, poverty, and global warming. Global. Since the law controls how
people live together, everyone must be involved in making it.
Suppose the above social problems are simplified into environmental
problems. In that case, the public policy is an Environmental Policy, which gives
rise to Environmental Law, which the government uses to help solve
environmental problems like climate change and ecosystem degradation. Climate
change, deforestation, pollution, and the loss of biodiversity are just some of the
environmental problems that the world is facing right now. These problems
threaten the survival of humans and other species. Not only are these problems
significant, but they are also complicated. To solve them, we need to take a
comprehensive and inclusive approach (Chu & Karr, 2017).
Nevertheless, no matter how often the Environmental Policy is made to
solve existing environmental problems, either through international agreements or
national laws, environmental problems still exist or even get worse, with all their
complexities, on both the global and domestic levels, or in first world countries
and third world countries (Duckett et al., 2016; Sui & Rejeski, 2002).
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Arwida (2017) and others did research that thoroughly analysed 388
documents about REDD+ in Indonesia made by Intergovernmental Agencies,
National/Subnational Agencies, Non-Governmental Organizations (NGOs), and
International Companies and found that only 83 of them mentioned gender. Very
few of these include gender mainstreaming in a way that can be called integrated
and substantial. Many people only talk about gender as a demographic or statistical
fact, which seems shallow. Usually, there are statements about why gender should
be considered and how important it is to include both men and women. However,
there is little information about gender in national and subnational policies and
projects. In the 83 documents about gender, women's roles as stakeholders, forest
users, and essential members of society are barely mentioned.
A “marginalised society” is a term that is often used to describe women.
Even though only some women in each group are left out, their interests sometimes
align, intending to protect forests. For example, social role play was used in a study
about gender and oil palm conversion in Jambi, Indonesia, to determine how
women and men like to use land. This study finds that women are more likely to
turn public and private land into oil palm, while men are more likely to choose
conservation. Because of this, they are leaving women (and other target groups)
out of REDD+ decision-making forums will only make them less effective.
REDD+ is a way to stop deforestation and damage to forests by changing how
people in the area think and act.
In the last few decades, lawmakers around the world and at home have
shown their hypocrisy by trying to include Human Rights in the development of
Environmental Law (Shelton, 2006). These fields are narrowed down to the point
where they no longer seem independent bodies with different normative bases and
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ontological orientations. Instead, they are slowly shaped into a Modern
Environmental Law that improves normative interconnection and substantive
integration between environmental protection and environmental management by
upholding human rights over the environment. Nevertheless, the facts show that
human rights are being broken in many ways, especially regarding managing the
environment (Petersmann, 2018). For example, when the indigenous forest of the
Dayak Modang Long Lai Community in East Kalimantan was taken away to make
room for an oil palm plantation, three Modang Long Wai Dayak Traditional
Leaders in Long Shape Village were charged with crimes (Toumbourou, 2018).
This shows an urgent need for a fundamental change in how society and
government interact with the biophysical environment to find a way out of this
terrible ecological situation. Nevertheless, there will always be differences in ideas
and consensus patterns that will affect how profound and radical such changes are
(McPhearson et al., 2021).
This study shows how environmental policy and management are changing
in terms of how they are seen and how they are run. It also talks about how
important it is to use values and principles from Pancasila, the Indonesian nation's
philosophy, to deal with global environmental problems.
Anthropocentrism is the idea that people are Earth's most valuable and
important species. It is the most common way of thinking about environmental
policy and management(Goralnik & Nelson, 2012; Kopnina et al., 2018). It
emphasises economic growth and human well-being more than the natural
environment. However, this way of doing things has been criticised because it does
not consider the rights and well-being of other species and the natural
environment.
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On the other hand, ecofeminism stresses how all living things are connected
and how important it is to respect and protect the natural environment
(Buckingham, 2015; Shiva et al., 2014; Warren, 2000). It also shows how issues
of gender, race, and class are linked to environmental issues. Ecofeminism wants
people to stop looking at things from a human-centred point of view and instead
see the value of nature and the right of all living things to grow and change.
This study examines how shifting ecofeminist perspectives could help
Indonesians deal with global environmental problems based on Pancasila values.
Pancasila is the Indonesian nation’s philosophy. It is based on the ideas that there
is only one God who is all-powerful, that people should be fair and civilised, that
Indonesia should be one country, that democracy should be led by wisdom, and
that everyone should be treated fairly. Putting Pancasila values into environmental
policy and management can help solve environmental problems in a way that
considers all living things’ health and protects the natural environment.
Literature review
The discipline of environmental studies has been confronted with many
global concerns, including pollution, loss of biodiversity, and climate change
(Laska, 1993). These issues have led to a growing awareness of the need to
transition from an anthropocentric approach to a more holistic and inclusive one
that considers the rights and needs of all living creatures and the environment
itself. In recent years, ecofeminism has emerged as one strategy that has garnered
attention as a possible way to address global concerns in environmental protection
(Gaard, 2010; Peterson & Peterson, 1996). The purpose of this literature study is
to investigate the trends in environmental policy away from Anthropocentrism and
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toward ecofeminism, as well as how to respond to global concerns in the
environmental area based on the principles of Pancasila.
The concept that people are the most significant and valuable organisms on
earth and that nature exists for the benefit of humans is known as
Anthropocentrism (Campbell, 1983; Mylius, 2018). This point of view has long
been the preeminent paradigm in environmental policy, which has emphasised
human requirements and interests at the expense of the natural world and other
forms of life (Biermann, 2021). This strategy has been criticised because it has
resulted in a disregard for the rights and requirements of other species as well as
the environment itself, which has contributed to the current environmental issues
faced on a worldwide scale.
An approach known as ecofeminism aims to address the interconnectivity of
social, economic, and environmental challenges, as well as how gender and power
affect these issues (Buckingham, 2015; Kings, 2017). This strategy emphasises
the rights and requirements of all living things, including the environment. It
works toward developing an approach to environmental policy that is more
comprehensive and inclusive. Ecofeminism is an alternative to the anthropocentric
approach that has been presented as a means of addressing the issues that are
facing the environment on a global scale.
Belief in One Almighty God and Civilized Humanity, Unity of Indonesia,
Democracy, and Social Justice are the Five Principles That Makeup Pancasila the
Philosophical Foundation of the Indonesian State. Pancasila is also the Indonesian
National Philosophy (Irawan, 2020). Ecofeminism, which emphasises the rights
and needs of all living things as well as the significance of social justice and
democracy, is strongly related to the ideals that are being discussed here
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(MacGregor, 2004; Sandilands, 1997). Ecofeminism may be used to implement
Pancasila values in the sphere of environmental protection and provide a response
to global concerns.
Several empirical studies investigate the change in environmental policy
away from Anthropocentrism and toward ecofeminism, as well as how
ecofeminism responds to global concerns in the environmental area based on the
principles of Pancasila. For instance, Permatasari and Siswandi research
(Permatasari & Siswadi, 2022) investigates how ecofeminist ideas might be used
in Indonesia, as well as how Pancasila principles can be used to address issues
such as deforestation and the loss of biodiversity and climate change—according
to the study's findings, implementing ecofeminist principles resulted in less land
being cleared for development, higher levels of biodiversity, and lower emissions
of greenhouse gases.
Another investigation into the influence of ecofeminism posits that the
oppression of women and the environment are interconnected and that
empowering women can lead to preserving natural resources and sustainable
living. The study highlights the importance of gender mainstreaming as a program
to achieve gender equality and the participation of various stakeholders, including
the Ministry of Environment and Forestry, NGOs, and communities, in reducing
poverty in Indonesian districts. The research suggests that ecofeminism can
provide an alternative approach to environmental rehabilitation and sustainable
living, significantly reducing poverty in Indonesia (Husein et al., 2021).
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Research methods
The feminist method is a critical and holistic approach that tries to
comprehend the social and political consequences of gender and power in the
environment (Hesse-Bibber & Piatelli, 2023; Lafrance & Wigginton, 2019). This
study will employ the feminist method as the research method, which will involve
using the word “method”. This method will be utilised to investigate the
movements in environmental policy away from Anthropocentrism and toward
ecofeminism, as well as how to respond to global concerns in the environmental
area based on the principles of Pancasila.
An exhaustive literature analysis of previous studies on environmental
policy, Anthropocentrism, ecofeminism, and the Pancasila ideals will be the initial
phase in the study process. This will give background and context for the research
and identify gaps in the existing literature that this study attempts to fill.
The purpose of this study is to identify patterns and themes related to the
shift in environmental policies towards ecofeminism and to determine how to
respond to global challenges in the environmental field based on Pancasila values
using the data that was collected from interviews, case studies, and reviews of
relevant literature.
At the end of this study, a summary of the findings and a discussion of the
significance of the research for environmental policy and the application of
ecofeminist principles based on Pancasila ideals will be presented.
Results
Scientists today assert that we have entered a new period, the Anthropocene
epoch, in which our species (humans) has become the most influential force on
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Earth. The current climate change and extinction of species are caused by human
activity and our species' sizeable ecological footprint (Roka, 2019).
Climatic disasters and extreme climate events have taken lives, including the
floods in Thailand in 2011 and Pakistan in 2010 (Garbero & Muttarak, 2013). The
forest fires in Russia, more powerful cyclones and typhoons, and droughts are
instances of how people have disturbed the planet's climate system. The industrial
agriculture practised by humans has resulted in the extinction of 75% of species
(Chu & Karr, 2017). Every day, three to three hundred species become extinct.
How humans and the world progress in the future will rely on how well we
comprehend the human impact on the planet (Martin et al., 2016).
Shiva (2014) stated that, for the first time, contemporary science was the
brainchild of the “fathers of disaster”. They do not require women as moms to
create new machines. This realisation leads to a fundamental critique of modern
science devoid of emotion, ethics, and accountability. In all their avatars, they
require violence to generate this technology. Since the advent of patriarchy,
women worldwide have been viewed as part of nature, with their bodies operating
similarly to those of other mammals in terms of instinctual behaviour. Men can
subjugate, exploit, and control women in a manner analogous to nature. Science,
technology, and violence are the means for this. The reductionist science notions
considered value-free include the destruction of nature, new weapons, genetic
engineering, modern agriculture, and other technologies.
These diverse types of dominance and oppression are the effects of the
Anthropocene, which stem from the arrogance and arrogance of humans. This is
demonstrated by scientists' efforts to implement geo-engineering, genetic
engineering, and synthetic biology as technical solutions to climate, food, and
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energy crises. However, they will exacerbate existing issues and generate new
ones. We have seen this with genetic engineering, which was supposed to increase
food production but failed to increase crop yields; it should reduce the use of
chemicals but has increased the use of pesticides and herbicides, and is meant to
control weeds and pests but instead creates super weeds and super pests (Zimdahl,
2010).
The law plays a significant role for Anthropocentrism adherents but is also
subject to significant modification. Humans have a significant part in
Anthropocentrism, not because nature is only valuable if it has value to humans,
but because their actions influence world change. Human centrality implies that
social ties, values, and the use of the power play a significant part in this era. Law
plays a vital part in Anthropocentrism since it reflects social interactions, values,
and authority (Wibisana, 2021).
Because the law is a reliable means of legitimising power, it is conceived of
in Anthropocentrism as an autonomous institution based on rules with an efficient
basis. By expanding the number of regulations, which attract complexity and
create inconsistency issues, the breadth of discretion available to judges is
reduced. A regulatory perspective tends to restrict the responsibility of the legal
system. Law is eventually viewed as taming repression, but it stays devoted to
customary law primarily as a tool for social control. This autonomous legislation
in the context of human-environment relations is a tool for humans to control and
regulate their usage of environmental resources for their benefit (Warassih et al.,
2020).
Anthropocentrism is reflected in the First Article of the 1972 Stockholm
Declaration on the Human Environment, which states: “Man is both a creature and
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a shaper of his environment, which provides him with physical sustenance and
affords him the opportunity for intellectual, moral, social, and spiritual growth”.
In the long and arduous growth of the human species on this planet, a stage has
been reached in which, via the tremendous acceleration of science and technology,
man has acquired the ability to modify his surroundings in innumerable ways and
on a scale never before seen. Both components of man's environment, natural and
artificial, are crucial to his well-being and fulfilment of fundamental human rights,
including the right to life.
According to Kotzé and French (2018), the Stockholm Declaration has been
a “catalyst” in the development of Modern Environmental Law, and the
Declaration has been trapped in an “ontology of masculine anthropocentrism”.
The theory or ethos underlying the Declaration emphasises the position of the
environment, which is solely owned by humans (property) and must be protected
to ensure human well-being, prosperity, and interests.
The Brundtland Report of 1987 defined sustainable development as "filling
the requirements of the present without compromising the ability of future
generations to fulfil their own needs." Sustainable development is a significant
paradigm in modern environmental law. Sustainable development attempts to
ensure that environmental stewardship meets the demands of the present without
jeopardising the ability of future generations to do so(Hsu, 2018). This definition
of sustainable development places people and their needs at the core of
environmental protection. The Rio Declaration of 1992 underlined in Principle 1
that “the human person is at the centre of concern for sustainable development”
and, in conjunction with Principle 3, declared that the “right to development” must
be achieved with consideration for the needs and development of future
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generations. This confirms the anthropocentric view that conservation is a strategy
for ensuring human welfare. The 2002 Johannesburg Declaration took a similar
approach, as seen by its emphasis on sustainable development.
Sustainable development derives from the Western worldview, which
universally informs the fundamentals of Global Environmental Law. Due to the
harm it brings to the environment, this idea should be of particular concern. The
concept that comprises the Western sense of nature is arguably the most harmful
of all Western ideologies. This western ideology is characterised by the separation
of humans and nature, which leads to dominance, in contrast to alternative
conceptions of nature that highlight the interdependence of nature and humans. As
a result of considering nature as something distinct and an object to be governed
by human civilisation, their job is primarily predicated on the freedom to harm
perspective. The effective spread of Western ideology regarding nature, as shown
by the Concept of Sustainable Development, compels a reevaluation of society's
concept of the relationship between humans and nature. Simply put, the concept
necessitates that one view human civilisation as distinct from and in opposition to
nature and that existing natural resources be managed for the benefit of humanity
(Geisinger, 1999).
The concept of sustainable development is not only a reflection of the
success of exporting Western ideology but also a force of ideological imperialism
through which Western values that are not owned or accepted by other nations are
imposed on them through applying Environmental Law principles. For instance,
in several traditional African civilisations, the interdependence of all-natural
components is acknowledged and accepted. Using the phrase “vital force”,
Tempels (1959) described the interconnection of natural entities as a justification
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for treating nature with respect. This view is predicated on the notion that power
flows from God to Gods and spirits, from ancestors to people and all other natural
animals. This power shapes the relationships between all natural beings. However,
in Environmental Law, legal norms only sometimes represent universally accepted
ideas. Thus, as asserted by critics of the predominance of Western ideology, the
propagation of Western concepts has resulted in the extinction of natural notions
acquired by other civilisations, including the concept of Environmental Law.
If modern environmental law is still based on “human-centrism”, then what
Gumplowicz said in Natalis (2020) is accurate: the law is always based on the
subjugation of the weak (nature) by the firm (humans), and law is an arrangement
of definitions created by the firm (human) to maintain its power over the weak
(nature) (nature). Such laws are thus viewed as standards guiding human
relationships or interactions with nature. In this legal conception, the environment
is an object or, to be more precise, all aspects of the environment, excluding
humans, are considered objects (e.g. animals, plants, and so on). Because the
environment can be owned, utilised, destroyed, and protected, it is regarded to
have no rights. Subjective rights are specifically reserved for humans,
organisations, and economic players within the scope of this Environmental Law.
On the topic of Environmental Policy in Indonesia, Danusaputro (1983)
stated that five pillars conclusively and unquestionably demonstrate why an
Environmental Policy is essential in Indonesia. Included among these factors are:
The Indonesian environment was a gift from God Almighty to the Indonesian
Nation and People, whose capacity must be developed and preserved so that it can
continue to be a source and support for life for the Indonesian Nation and People
and other creatures, for the sake of continuity and improvement of the quality of
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life itself; Pancasila as the basis and philosophy of the state is a unified whole that
gives confidence to the Indonesian people and nation. There is a reciprocal link
between humans, society, and the environment, which must be fostered and
developed to continue in a state of dynamic harmony. The 1945 Constitution of
the Republic of Indonesia as a constitutional basis mandates that future
generations share the people and this wealth: The Outlines of State Policy state
that development is not merely the pursuit of outer prosperity or interior
satisfaction but also a balance between the two; hence, the utilisation of natural
resources must be balanced with harmony and environmental harmony; and The
environment, in the sense of ecology, recognises no regional boundaries, neither
state nor administrative. However, if the environment is tied to its management
system, the borders of the management authority's region must be distinct.
This description demonstrates that Indonesia's Environmental Policy
matured and developed substantively by the nation's ingrained worldview. By the
preceding viewpoint, Wahid (2018) underlined that the style of thinking,
geographical conditions, and the primary sources of income of the affected
community members highly influence the substance of Environmental Law. In
addition, religious teachings and ideals, as well as the beliefs to which they adhere,
impart an important hue to Environmental Law and influence its style and
evolution.
In tandem with the strengthening of the Indonesian government's awareness
and commitment to a variety of environmental issues, particularly after the
implementation of several international conferences in the field, beginning with
the 1972 Stockholm Conference, the 1992 Rio Conference, and the 2002
Johannesburg Conference, a law was enacted that regulates environmental issues
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in Indonesia. The birth of Law No. 4 of 1982 concerning Basic Provisions for
Environmental Management is viewed as a significant point in the history of
Indonesian constitutionalism, particularly in terms of environmental legislation in
Indonesia; this is owing to the existence of Law No. 4. In addition to having a legal
cover, it has close linkages to national development activities that can really
threaten and even harm the preservation of natural functions.
Humans and their behaviour are elements of the environment, as emphasised
by Law No. 4 of 1982. Based on Presidential Decree No. 25 of 1983 About the
Position, Principal Duties, Functions, and Work Procedures of the State Minister
of Population and the Environment, the Office of the State Minister of Population
and the Environment were founded for this purpose. During the tenure of the
Minister of State for Population and Environment, Government Regulation No. 29
of 1986 on Analysis of Environmental Impacts, which is a guideline for the
implementation of a development project, was issued. Every project that is
anticipated to have a substantial impact is required to conduct an Environmental
Impact Analysis.
The National Legal Development Agency oversaw the establishment of a
National Legislation Program during 1994-1995. Draft Law to amend Law No. 4
of 1982; Draft Law on Marine Spatial Planning; and Planned Government
Regulations regarding Procedures for Determining and Payment of Environmental
Recovery Fees, Procedures for Complaints, Research and Prosecution of
Compensation, Control of Environmental Destruction, Control of Air, Sea, and
Noise (Bram, 2014).
One of the elements included in the 1994-1995 Prolegnas was the necessity
to modify Law no. 4 of 1982 since, with only nine chapters and twenty-four
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articles, more is needed to cover various environmental-related topics. Law no. 4
of 1982 emphasises the right to a healthy living environment, the implementation
of the polluter-pays principle, permits, pollution prevention, the right to participate
in environmental management, and the right to compensation for pollution
victims.
Environmental Management Law No. 23 of 1997 is the result of
amendments to Law No. 4 of 1982. There are eleven (11) chapters and fifty-two
(52) articles in Environmental Management Law No. 23 of 1997. Law no. 23 of
1997 on Environmental Management for Hid incorporates several international
environmental law ideas, such as the polluter-pays principle, which distinguishes
it from its predecessors.
The weakness of Legislation No. 23 of 1997 on Environmental Management
is that it needs to be more capable of placing itself as a law that serves as the
foundation (umbrella) for sectoral laws. Law No. 23 of 1997 on the Management
of the Indonesian Environment is similarly incapable of providing “adjustment
space” for sectoral laws. In actuality, these sectoral laws predominate in reality
and even appear to marginalise Law No. 23 of 1997 governing Environmental
Management.
Indonesia must also commit to incorporating the concepts of global
environmental management into the substance of its environmental laws and
regulations in conjunction with the international evolution of environmental
management thought and ideas. For instance, Indonesia's environmental laws and
regulations must include the principles of sound environmental management and
good management of sustainable development in completeness and incredible
detail.
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During the rolling reform phase, which began with the overthrow of
President Suharto on May 21, 1998, environmental management measures were
among the regulations that remained unchanged. This circumstance caused several
organisations to call attention to the government's environmental and natural
resource policies.
The enactment of amendments to the 1945 Constitution of the Republic of
Indonesia Article 33 paragraph (4), which states: The national economy is
organised based on economic democracy with the principles of togetherness,
efficiency, justice, and sustainability, an environmental perspective of
independence, and the maintenance of a balance between progress and economic
unity, have strengthened environmental management policies in the reform era.
According to Fadli(Fadli et al., 2016), Law no. 23 of 1997 concerning
Environmental Management, the country still adheres to an anthropocentric
worldview that is no longer compatible with the new, more biocentric and
ecocentric environmental consciousness. The environment is a worldwide concern
in addition to democracy and human rights, particularly the issue of global
warming, which necessitates domestic policies that are environmentally friendly.
Various environmental protection and management instruments aligned with
modern science and technology advancement have yet to be incorporated into Law
No. 23 of 1997 on Environmental Management. Legal certainty is necessary for
protecting and managing the environment to be more stable and definite.
The modification to Article 33 of the 1945 Constitution of the Republic of
Indonesia expressly combines national economic growth with environmental
protection. Therefore, the accepted fundamental principle of growth must be able
to reconcile with environmental circumstances appropriately and harmoniously.
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In response to this issue, on October 3 2009, Law No. 23 of 1997 was declared
null and void and was replaced by Law No. 32 of 2009 relating to Environmental
Protection and Management.
Based on the Academic Paper of the Draft Law on Environmental
Management, several problem identifications comprised of Empirical Facts and
Judicial Facts have been made. The relevant empirical evidence is that Indonesia’s
high rate of environmental function degradation is generally attributable to
pollution and environmental degradation. In 2006, the growth in air and water
pollutants, such as pollution from residential waste and hazardous and toxic
substances, was more significant. The monitoring of 35 rivers in Indonesia
conducted by 30 Provincial Environmental Impact Control Agencies reveals that
the water in these rivers has been polluted based on class two water quality criteria.
Industry, agriculture, and households are the primary pollutant contributors to
surface and groundwater; The fragility and potential of Indonesia’s geographical
and demographic characteristics show that Indonesia's territory ranges from west
to east along 5,110 km and from north to south along 1,888 km, with a total area
of 5,198,252 km2 of ocean area and a coastline length of 108,000 km. The number
of islands in Indonesia has reached 18,110, as reported by the National Institute of
Aeronautics and Space and the Indonesian Institute of Sciences. Indonesia is
surrounded by vast bodies of water, has a tropical climate, and receives excellent
rainfall. This circumstance makes the Indonesian region susceptible to climate
change, weather, temperature, and extreme wind direction. Small islands can be
submerged if sea levels rise due to global warming. Based on the Indonesian
Environmental Statistics for 2006, a third of the poor people in Indonesia reside in
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forest areas. This information demonstrates that forest-dependent communities do
not gain culturally or economically from developing forest resources.
On the other hand, the poverty of the forest’s inhabitants may push them to
consume forest resources in an unsustainable manner. The high level of conflict
over the management of the environment and natural resources is characterised by
a confrontation between those who have access to resources and strong authority
and others who do not have access to resources or who have access to resources
but have weak power. The creation of environmental disputes is caused by the
exploitation of Indonesia's natural resources that disregards the interests or rights
of the community, the principle of safeguarding the carrying capacity and function
of ecosystems, and the principle of justice.
The Juridical Facts demonstrate the following:
Weak principles of democracy and decentralisation in Law No. 23 of 1997
Weak provisions regarding the institutional authority of environmental
institutions in Law No. 23 of 1997
Weak formulation of Environmental Impact Analysis in Law No. 23 of 1997
Weak formulation of administrative sanctions in Law No. 23 of 1997
Weak formulation of environmental dispute resolution through the courts in
Law No. 23 of 1997; Unclear formulation of the principle of subsidiarity in Law
No. 23 of 1997; Weak authority of Civil Servant Investigators in Law No. 23 of
1997; Weak formulation of environmental crime offences; Incompatibility of Law
No. 23 of 1997 with Law No. 26 of 2007 about Spatial Planning; Incompatibility
of Law No. 23 of 1997 with Law No. 34 of 2004 about Regional Governance
Environmental management has not yet accepted international standards.
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The Draft Law on Environmental Protection and Management derive its
philosophical, sociological, and legal underpinnings from the previously described
empirical and legal facts. The philosophical foundation is that the environment in
Indonesia, which is a gift and mercy from God Almighty to the people and nation
of Indonesia, must be preserved and developed so that it can continue to be a
source and support for life for the people and nation of Indonesia, as well as for
other living things, for the sake of sustainability and quality of life improvement.
The sociological basis of Law no. 32 of 2009 on the Protection and
Management of the Environment is that Indonesia’s environment is an ecosystem
comprised of various sub-systems with different social, cultural, economic, and
geographical aspects, resulting in varying environmental carrying capacities and
capacities. As a result, environmental management policy arrangements must
integrate policies on population growth and dynastic change.
By Law No. 32 of 2009 on the Protection and Management of the
Environment, Indonesia's environment encompasses the space in which the
Republic of Indonesia exercises its sovereignty and sovereign rights. In this case,
Indonesia's environment is an area that occupies a cross position between two
continents and two oceans, with a tropical climate, weather, and seasons that
provide natural conditions, and a position with a strategic role that is highly valued
as a location for the Indonesian people, nation, and state to conduct social life in
all its aspects. Thus, Archipelagic Insight is the key to effectively managing the
environment in Indonesia.
The seventeen chapters and one hundred twenty-seven articles of Law No.
32 of 2009 concerning the Protection and Management of the Environment
regulate the protection and management of the environment in greater detail. The
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fundamental difference between Law No. 23 of 1997 and Law No. 32 of 2009
regarding the Protection and Management of the Environment is the strengthening
of Law No. 32 of 2009 regarding the principles of environmental protection and
management based on good governance, as in every process of formulating and
implementing instruments for preventing environmental pollution and damage as
well as prevention an emphasis is placed on good governance(Haryadi, 2017).
Law No. 32 of 2009 on the Protection and Management of the Environment
gives the Minister extensive jurisdiction to carry out all government
responsibilities in environmental protection and management and to work with
other agencies. In addition, by Law No. 32 of 2009 concerning the Protection and
Management of the Environment, the central government grants regional
governments considerable responsibility in protecting and managing the
environment in their regions, which is not governed by Law No. 23 of 1997(Saija,
2014).
Law No. 32 of 2009 about Environmental Protection and Management is
said to continue to uphold features of Anthropocentrism. For example, Political
Law Law no. 32 of 2009 regarding the Protection and Management of the
Environment regarding the Protection and Management of the Environment states
that the deteriorating quality of the environment has posed a threat to the survival
of humans and other living things, necessitating that all stakeholders engage in
severe and consistent environmental protection and management. Through the
language employed, the legal politics of environmental laws have yet to include
all components of life, such as plants, air, water, etc., which has consequences for
discriminating treatment by humans against the environment, leading to an
environmental catastrophe in Indonesia.
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The inconsistent use of narrative is reflected in the explanation of the
Environment as a spatial unit containing all objects, forces, circumstances, and
living things, including humans and their behaviour, which influence nature, the
continuation of life, and the welfare of humans and other living things. If you only
read this phrase, you would conclude that Law No. 32 of 2009 concerning the
Protection and Management of the Environment has moved away from
Anthropocentrism. However, the legal subject is emphasised in Article 1 point 32,
which specifies that “everyone” refers to an individual or a business entity,
whether or not it is incorporated. Due to the separation of legal subjects and
objects, the usage of this story demonstrates a dualistic and hierarchical
understanding of the connection between humans and the natural world. This is
consistent with Mertokusumo’s (2010) concept of the legal subject, which refers
to anything with legal rights and duties. Meanwhile, according to Ali (2015), the
definition of a legal object is anything valuable to legal subjects and can become
an object in a legal relationship.
The logical implication of Article 1 number 32 is that everything other than
individuals and business enterprises (legal entities) is a property that can be owned,
controlled, destroyed, and dominated. Other than that, environmental devastation,
poaching, river pollution, etc., can be justified or regarded as immoral only if they
harm humanity (as a yardstick) because all things outside of humans and legal
entities are properties whose primary purpose is to satisfy human wishes and are
therefore under human control.
Discussion
Adopting the Worldview of Ecofeminism, a subset of Feminism, in
constructing Environmental Policy in Indonesia will undoubtedly provide
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obstacles, such as rejection, because ecofeminism is viewed as a western and
liberal ideology incompatible with Indonesia’s Pancasila worldview. This
assertion can be refuted by examining the teachings of ecofeminism in further
depth. Ecofeminism is not limited to any particular ideology; it exists to fight for
justice for anybody disadvantaged by patriarchal influences in forming human-
nature connections. To be more compelling, however, ecofeminism must be
evaluated based on Pancasila's ideals.
1. The Emergence of the Concept of Spiritual Ecofeminism
By Pancasila, Ecofeminism possesses a spiritual dimension exclusive to the
Indonesian culture. Ecofeminism cultivates a spirituality centred on nature and all
life's linked elements. The spiritual side of ecofeminism is not tied to a specific
religion but instead focuses on the virtues of care, compassion, and nonviolence.
This notion of ecofeminism is present in numerous cultures of Indonesian society,
although most Indonesians are unaware that this cultural practice is part of
ecofeminism.
This type of ecofeminism is known as Spiritual ecofeminism. Spiritual
ecofeminism stresses the development of human and environmental relationships
based on the values of compassion, nonviolence, and care (satyagraha). Dalihan
Na Tolu and Parhalaan, which constitute familial links, beliefs, and tribal histories,
are inseparable from the Toba Batak community's notion of earth-based
spirituality. Umaq, Simpuk, and Swelling are conservation practices devised by
the Benuaq Dayak people and found among their indigenous population.
Customary regulations serve as regulators in a system of ecologically appropriate
forest management behaviour. According to the sedulur sikep community with the
sikep rabi pattern, individuals do not hold a prominent role in society. There is no
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separate self, but rabbinic attitudes, relationships, and manipulation are always
present. Society is founded on nature, and nature is founded on humans, who are
modelled after rabbinic attitudes. The Besipae indigenous people view nature as
their home, which must be protected and preserved. To the Toraja, the universe is
a tongkonan representing the macrocosmic universe. Tongkonan is the hub of the
Toraja's social life, where various activities and interactions occur. Tongkonan is
a residence and a meeting place for family, ancestors, and gods.
Spirituality Ecofeminism entails a set of principles of non-dominance and
affirmation of the relationship between humans and nature, wherein this
connection creates a dependence which psychologically has implications for
behavioural values, and the way of relating to other individuals or to nature itself,
is distinct from patriarchal principles. Spiritual ecofeminism accomplishes this by
identifying numerous instances of nature worship as a “goddess” in ancient Pagan
legal civilisations. The oppressive patriarchal tradition is antagonistic to the
environment, natural resources, and everything associated with it, such as animals
(Rosemary, 1995).
Immanence must replace transcendence for spiritual ecofeminism, or God is
the Goddess. Sexuality is not outlawed in this model since it is revered as a source
of health and well-being. Ethically, this approach emphasises self-learning and
self-exploration through the body, experiences, sensations, and emotions, as well
as pagan myths and rituals in connection with nature in all its beautiful and dark
aspects and not with supernatural masculine creatures. This is a spirituality
paradigm whose most important characteristic is the call to holistic healing
(Encarnación-Pinedo, 2018).
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Through the development of Feminism, experts from various academic
subjects have similar ideas and contributions to the Culture of Goddess, which
attempts to restore the concept of matriarchy or matriarchs. In addition, some of
these studies successfully resurrect the prehistoric Goddess of Fertility. Numerous
identities and hundreds of legends have been ascribed to a figure who has been
venerated in numerous locations and cultures on Earth. Despite her unique nature
as a Supreme Being or Mother of Nature, she is revered (Santamaría-Dávila et al.,
2019).
Spiritual ecofeminism describes the foundation of maternal care and
tenderness and the connection between nature, natural values, and compassion,
with the notion that patriarchal value patterns exploit not only women, nature, and
third-world nations but also any aspect of the planet that is weak and unable to
combat male chauvinism.
Spiritual ecofeminism emphasises a caring ethic regarding the relationship
between humans and the environment, arguing that legislators should focus on
what nature tells humans rather than what humans tell other humans about nature.
In one of her papers, Donovan(Donovan, 2006), for instance, asks for a new
emphasis on dialogue with animals by understanding their communication
systems, phenomenologically interpreting animal body language, and taking
communication seriously in legislative ethical decisions.
2. Posthumanism and Ecofeminism
Humanism is a rationalism-based ideology backed by science and influenced
by art that acknowledges the dignity of every human being, advocates the maximal
of individual freedoms and possibilities consistent with the societal duty to the
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planet, and is inspired by art (Vila-Henninger, 2013). Humanism supports the
advancement of participatory democracy and open society, upholds Human Rights
and Social Justice, and is devoid of supernaturalism. Humanism acknowledges
that people are not a part of nature and opposes the notion that values from
religion, ethics, society, or politics are not very significant. Humanism derives its
raison d'être from human wants and interests rather than theological or ideological
abstractions and maintains that humanity must control its future.
Humanism was an essential cultural movement during the Renaissance,
alluding to the duty of placing human welfare above all other objectives. The
humanistic approach intimately connects humans’ personal, ethical, and political
decisions. As the embodiment of Anthropocentrism, humanism aspires to make
only humans deserving of ethical attention, and all other things only mean to
achieve human objectives. Humanism derived from a Western worldview has long
been a tenet of sociocultural anthropology that exposes social injustice,
colonialism, racism, and misogyny, among other forms of discrimination.
Beginning in the 20th century, the humanist movement was primarily non-
religious and connected with secularism, which referred to a non-theistic view
focusing on human action and a reliance on science and reason to comprehend the
world rather than revelation from supernatural sources. Humanists typically
support human rights, freedom of expression, progressive policies, and
democracy. Humanists believe that religion is not necessary for morality and
oppose the excessive participation of religion in education and the government.
According to humanists, man can develop his ideals and lead a fulfilling life.
In addition to the emphasis on negative rights that evolved from the
Enlightenment tradition, it is essential to acknowledge the emphasis on
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individualism. The concept of collective rights appears in Locke and Mill’s
(Galtung, 1988) writings. Individualism or “the rights of man” are emphasised,
which leads to the problem of Anthropocentrism. As the narrative is used, human
rights will be gender biassed, where women's rights are excluded from discourse.
It should be noted. However, that attempts have always been made to articulate
women’s rights from this perspective, beginning with the publication of
Wollstonecraft’s (1957) work titled “Vindication of the Rights of Women”.
Human values in the second Pancasila precept are distinct from human-centrism
and a dualistic interpretation of humanism. The human principles of Pancasila are
better aligned with post-humanism, which emphasises social transformation,
accountability, and interspecies connectedness. The primary focus is on people
and non-humans, with the relationship between humans and non-humans
constantly understood. From the perspective of post-humanism, there is no reason
to a priori limit individual rights to indigenous or non-indigenous communities,
and no portion of humanity should be “free” from responsibility to non-humans.
Post-humanism might acknowledge that human activity is an essential component
of environmental protection. At its most extreme, post-humanism challenges the
core assumptions of humanism, speciesism, human chauvinism, and human
superiority (Juráni, 2020).
Inspired by such holistic perspectives, ecofeminism has been able to explain
difficulties that reductionist frameworks cannot explain. Ecofeminism can
demonstrate, by pointing to a flawed patriarchal worldview, why poverty exists,
particularly among marginalised, traditional, and people of colour; why women
and children are considered subordinate; why nature is exploited; why the world
has become crueller by fighting so many dangerous wars; and why human rights
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violations are on the rise. However, ecofeminism does not merely condemn; its
holistic perspective of reality also aids in proposing remedies; it is based on the
concept that by dissolving patriarchy and reintegrating humans and nature, a more
peaceful world can be achieved (Nhanenge, 2011).
Pancasila, as the foundation of the Indonesian state’s philosophy, is a unified
whole meant to instil confidence in the Indonesian people and assert that physical
and spiritual happiness can only be attained if based on good harmony, harmony,
and balance in human relations with God Almighty, nature, and other humans.
Humans and the environment are always reciprocal; hence, they must constantly
be nourished and developed to maintain a harmonic, dynamic equilibrium.
Ecofeminism, by Pancasila, employs a vision of gender equality to retrace
non-patriarchal or non-linear structure assessments with a Worldview that values
organic processes, holistic connections, and the advantages of intuition and
collaboration (gotong royong). Ecofeminism adds a devotion to the environment
and a knowledge of the connections between women and nature to this notion.
Ecofeminism holds that the subjugation of nature parallels the subjugation
of women. Ecofeminism guides the feminist and ecological movement, which has
a vital objective of developing both and seeks to construct a worldview that is not
based on patriarchal models that emphasise oppression and dominance. The
essence of this relationship is that the subjugation of women and the dominance
of nature are interrelated; consequently, this relationship must be challenged to
comprehend the many kinds of subjugation and dominance. The feminist analysis
must incorporate ecological perspectives and contribute to the resolution of all
types of ecological issues.
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Ecofeminism acknowledges that all elements of the cosmos are valued and
have their separate functions for balance; consequently, ecofeminism never rejects
the existence of human rights. Ecofeminism views human rights as a manifestation
of respect for human dignity. Human rights essentially views humans as equals,
which is consistent with the ethos of ecofeminism. However, the human question
of rights is not consistent with the Humanist Ideology, which positions people in
a higher position and disregards other elements. In addition to human rights,
ecofeminism acknowledges environmental and animal rights.
In the evolution of the law, for instance, Animal Rights evolved as the
acknowledgement of animals as legal subjects distinct from humans and legal
entities. The status of legal subjects in ecofeminist studies begins with an analysis
of how efforts to maintain masculine features in law, such as legislation,
perpetuate violence, aggressiveness, and disdain for nature and become the basis
of all forms of dominance over animals. Classifying one creature as a legal subject
while another group is not is, according to ecofeminism, discrimination.
3. Unity and Diversity and Ecofeminism
The third principle, Indonesian Unity, is the foundation of Indonesia's Unity
despite its variety. Religion follows tribe, ethnicity, customs, and culture. This
implies that the Republic of Indonesia’s strength and cohesiveness as a nation and
a unitary state result from its diversity.
In the Youth Pledge, this significant milestone was established for creating
Unity in diversity. This sense of togetherness in diversity is reflected in the state's
slogan, "Unity in Diversity." Making all of Indonesia feel like a single entity.
Exceptionally when it is cared for with a positive and dynamic spirit of cooperation
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in a family-like manner, even if it looks to be comprised of numerous nationalities,
races, customs, faiths, and beliefs, there will be an increasing sense of national and
state cohesion.
Fios, cited in Karimi and Efendi (2020), asserts that the ecological spirit is
essential to the formation of the Indonesian nation, as the national notion
presupposes a symbiotic relationship between God, man, and the natural world.
These three factors are necessary for Indonesia's continued existence to be
inconceivable.
We can discover the concept of Unity in Diversity by building an ecosystem.
A functioning ecosystem is comprised of biotic and abiotic components. The biotic
components consist of all live organisms, and the abiotic components consist of
nonliving matter (Poonia & Sharma, 2017). This definition of an ecosystem
necessitates an ecological community comprised of diverse populations of
creatures that coexist in a specific area. Biological disciplines such as ecology and
geography define ecosystems as geographical regions in which species, climate,
and landscapes interact to generate a “bubble of life”. Consequently, each
ecosystem component plays a significant role and complements the others. If one
component is compromised, the others will be compromised as well.
Based on Indigenous beliefs, this concept of Unity in Diversity has been
utilised by groups such as Social Ecology, Deep Ecology, and Ecofeminism. In
addition, it has been employed as a moral basis for concord between some of these
movements. In Lalonde (1994), Steve Chase summarised the historical debate
between Social Ecologists and Deep Ecologists by stating that Unity in Diversity
is a fundamental characteristic of efforts to develop a healthy environmental
community. For Feminism (in this case, ecofeminism), the concept is a technique
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of bringing together the varied voices of women across the globe by utilising their
cultural and geographical distinctions to identify commonality in their experiences
as women.
Ecofeminism has long employed the slogan “Unity in Diversity” in its
struggles; this becomes a lens for examining the interrelationships of race, class,
gender, disability, sexuality, caste, religion, age, and the effects that have (their
many forms) and unique) which are always associated with the dominance and
oppression of women's identities and nature.
Ecofeminism refers to additional fundamental concepts derived from the
Unity of ecological science and other sciences, which are then applied politically.
For ecofeminism, the richness and necessity of natural diversity cannot be
overstated. A significant phase of capitalist industrial technology was
environmental simplicity (reduction), which led to the extinction of several
species. The facts demonstrate that community and culture are simplified on
purpose by capitalism so that the same commodity can be marketed to everybody,
wherever. The expectation is that it will be the same, with the exact requirements
and desires, everywhere in the world. However, examples such as Coca-Cola in
China, blue jeans in Russia, and rock music in the United States demonstrate the
existing diversity.
There are relatively few people on earth whose lives have not been altered
by industrial technology in some way. Ecofeminism, as a social movement, rejects
this social simplicity by advocating for and pursuing the unification of the vast
diversity of women worldwide. Politically, ecofeminism opposes how class,
privilege, sexual orientation, and race-based oppression can separate women from
one another.
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4. The Emergence of Collaborative Environmental Governance under
Democracy and Ecofeminism?
The fourth Pancasila precept, "Populist Guided by Wisdom in
Deliberation/Representation." This precept alludes to the acceptance of
democracy, which is the rule of the people, by the people, and for the people. The
term deliberation indicates that decision-making is carried out unanimously by
following the route of wisdom. In addition, it comprises populist principles, such
as a love for the people, fighting for the people’s values, and a populist spirit and
respecting differences and prioritising the people’s, nation's, and state’s interests
(Enizar et al., 2019).
The application of these Precepts in the field of Environmental Policy is
intended, among other things, to actualise, grow, develop, and increase the
awareness and responsibility of policymakers in environmental management;
actualise, grow, develop, and increase the awareness of community rights and
responsibilities in environmental management; and actualise, cultivate, develop,
and strengthen partnerships between the community, the business sector, and the
government in efforts to protect the environment.
One of the most significant events in environmental politics is democracy;
thus, a significant force opposes the capacity of hegemonic representation to
define the connection between humans and nature categorically. According to this
theory, destabilisation and democratisation will co-occur. When the hegemonic
decay is partially or entirely exposed, new discourses, such as ecofeminism, can
be generated with more force.
To restore the emphasis on the quality of life of the people and the
environment, the state system must undergo a transition through participatory and
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democratic processes. A genuinely democratic nation plays a vital role in the
personal development of its citizens. The state must provide the institutions
necessary to structure the market to function in the public interest and ensure that
individuals have sustainable access to production and development resources. The
state must also implement the fundamental principles of social fairness. The state
will not launch this transition; consequently, the state must be pushed toward this
transformation by the people's initiative. Only then can interactions between the
state and the people be productive. Reviving traditional rituals and social cohesion
is crucial for maintaining peace and harmony.
This is built on global equality, resource ethics, and women's empowerment.
Women’s Action Agenda 21 or Women's Action Agenda 21 is the foundation for
changing the development paradigm as required by women worldwide. It includes
specific information on how to deal with it. Women are demanding their right to
put their opinions, attitudes, experiences and abilities into policy-making on an
equal basis with males. They advocate for the realisation of participatory
democracy, access to knowledge, accountability, ethical action, fairness, and the
full involvement of women on a healthy earth. They advocate for a more
comprehensive view of politically, socially, and culturally sustainable
development, namely, sustainable livelihoods for all.
Hermawan (2021) stated that although numerous other nations have claimed
to be democratic, the enacted and executed forest management rules and
regulations reveal discriminatory behaviours by modern civilisation against
indigenous peoples or men against women. Similarly, with the standard agreement
to pick the Pancasila Democracy system as the direction and guidance in the
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administration of the government system, the philosophy of a pluralistic society’s
values of freedom and equality will undoubtedly be protected.
With the concepts of Ecofeminism and Democracy, environmental
protection and management policies must be founded on a spirit of cooperation or
collaboration or evolve into Collaborative Environmental Governance. The
distinguishing characteristic between environmental problems and other collective
action challenges is that environmental problems must be tied to highly complex
structures and processes, as ecosystems encompass many difficulties.
Consequently, for a solution to be effective, the features of this ecosystem must be
taken into account (Örjan, 2017).
Collaborative networks, like other social networks, are never stagnant
because participants adapt to varied endogenous and external causes of change;
hence, distinct network architectures do not emerge by coincidence, nor are places
in the network allocated arbitrarily.
Government, Companies/Private Sector, Non-Governmental Organizations,
and Communities collaborating on environmental governance is an integrated
multi-actor system that maximises their benefits. Under Collaborative
Environmental Governance, the government plays a crucial role by issuing
environmental regulations and rules against businesses, NGOs, and communities.
In general, collaborative environmental governance entails both preventative and
punitive pollution control and emission reduction. Given that nature is capable of
self-repair, Collaborative Environmental Governance methods can also aid in
specific adaptations, such as reforestation and restoring agricultural land to woods
or lakes to improve the ecosystem's self-repair capability.
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5. Why Ecofeminism is the Answer to Social and Environmental Justice?
As a sign of wealth, the fifth Pancasila precept is represented by rice and
cotton, which represent the necessities of every human being, namely food and
clothes. This precept is a principle that encourages social fairness for all
Indonesian people. When broken down, the meaning of this tenet is as follows: Be
fair to others; Respect the rights of others; Help others; Respect others; and
Perform labour that benefits the public and shared interests.
In the Fifth Precept of Pancasila, some values are the objective of the state
as a means of living together; hence, the Fifth Precept contains the Value of
Justice, which must be accomplished to live together. This justice is based on and
imbued with the core of human justice, especially in the relationship between
humans and themselves, humans and other humans, humans and society, humans
and the state, humans and God, and humans and nature (Enizar et al., 2019).
The fundamental objective of ecofeminism is to determine who is harmed
by social activities and who gains from them. Many societal systems oppress some
members of society for the advantage of others; this, in turn, encourages habits of
thinking and patterns of behaviour that support the oppression of women and a
subjugated society, as well as the dominion of nature. Following are Warren’s
(2000) perspectives on the social justice system.
The primary model of social justice in modern Western philosophy is
distributive. It examines who should receive what advantages and burdens and on
what basis. It is thought that everyone should be treated equally; consequently,
injustice occurs when equal people are treated unequally while unequal people are
treated equally. Therefore, since all humans are morally equivalent and rights are
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distributed by humanity, it must be determined that it is unfair to violate the rights
of women and people of colour.
Justice exists when items (such as rights, jobs, school admissions, salaries,
welfare, aid, and food) are divided equitably. Thus, one must select which
principle to apply in a given circumstance. Because impoverished women,
children, and people of colour in the South are disproportionately affected by
environmental degradation, environmental activists suggest a paradigm of
distributive justice for social justice. This may seem reasonable, but women and
people of colour can then appeal to social justice models to demonstrate that their
disproportionate harm is a case of injustice; this can also connect to women's
concern for the environment. It can overcome shortcomings in economic analysis
when economic problems conflict with justice and demonstrate that capitalism in
the form of a free market without government intervention can produce socially
unjust outcomes and that markets can distribute burdens and benefits efficiently
but not fairly.
The model excludes power and privilege structures, which are the
characteristics that strengthen the patriarchal conceptual framework. Because they
lead to the distribution of justice, structures and processes are relevant to equity.
For instance, a distributive model can distribute labour but cannot specify unequal
allocation based on gender and ethnicity. The distribution of labour by gender is
unequal, and women and black people are paid less evenly. This distributive model
does not appropriately solve many tasks connected to race, sex, age, and cultural
difficulties.
When indigenous peoples, for instance, lose their rights to their
environment, they lose their means of subsistence and their culture, history, and
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identity regarding the environment. Consequently, cultural disadvantages must be
added to justice challenges, such as rights violations, diminished individual
liberties, and economic inefficiency, caused by environmental devastation.
Therefore, the model of social justice must be non-distributive, which fosters care
and mutual respect in the setting of those who may view such conduct as proper
and morally essential. Thus, justice is one form of concern, not the only one. The
term for this non-distributive social justice is inclusive justice.
Elements of inclusion, including definitions of institutional, labour, cultural,
social group, and ecological challenges, have a particular link. For such an
inclusive justice model to be helpful, it must be placed in actual situations and
organisations. An inclusive model must also handle differences, dependence, and
dominance. No longer can society utilise middle-class white males as a measure
of equality because it cannot account for gender, colour, class, and other socially
essential distinctions. People who are oppressed or who live in rough conditions
in society must be the focus of inclusive justice. Thus, inclusive justice cannot
begin with an egalitarian society but rather with a non-egalitarian society to
abolish institutional dominance and oppression. Therefore, society must carefully
incorporate its vital role in motivating and upholding justice. Justice and caring
inform the value system of ecofeminism because both are fundamental moral
goals; as such, caring and justice are compatible.
Warren (2000) argues that a dualistic framework, dominance, and hierarchy
are the primary causes of social injustice. In a pluralistic society, the framework
of dualistic thinking, dominance, and hierarchy affects the oppression and
marginalisation of women and minority groups. The life of a pluralistic society
will not produce societal difficulties provided all parties obtain space, respect and
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fair treatment. The notion of inclusive social justice can serve as the foundation
for bringing harmony to a pluralistic society's way of life.
The scope of the principle of justice must be expanded to include all
occupants of the universe and human relationships. The application of the
principles of inclusive social justice in community life must be coordinated with
the idea of compassion. People are fair because they are fundamentally concerned
with the welfare of others. Care (Ethics of Care) is a moral principle underlying
attitudes, behaviour, ideas, and deeds. People may be unable to provide moral
justifications, be obliged to conduct moral actions, be required to choose moral
actions, and be unable to evaluate moral actions when the individual in question
is indifferent. Harmony will be established in the life of a pluralistic community if
all sides prioritise equality, justice, and compassion for one another.
6. What Should Be Done Regarding the Future of Ecofeminism and
Environmental Policy?
Most of the world's existing legal systems regard the planet Earth as nothing
more than the proprietorship of a resource that can be mined, purchased, and
resold. This means that environmentalists are frequently viewed as criminals who
violate other people's property rights rather than as activists who struggle to protect
fundamental rights. This perception is especially prevalent in the United States.
Some analysts believe that the failure of governments to manage human behaviour
is manifesting most dramatically in the form of climate change. The goal of
environmental ethics is to reform law in a way that considers the well-being of
humans is closely connected to the state of the earth and that it is impossible to
improve human well-being at the price of the planet's health. Ecofeminists can
better comprehend the ethics ingrained in the legislation and some other ways due
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to the work that philosophers of environmental ethics have done. In particular, the
work of these philosophers offers valuable background information by raising
questions about the consequences of extending traditional human-centred ethics to
relationships between humans and non-humans.
People will always turn to the law to convey what they want and to govern
the use of power. The people who have power in a society are typically the ones
who can mould laws and make the most use of them. Consequently, the law has
the propensity to be anchored in society’s fundamental notions about itself and
how the world functions. Incorporating ecofeminism into law is a powerful
method that ecofeminists can use to bring about change. By fixing and codifying
specific threads of narratives about nature and culture, the law can influence the
interaction between humans and nature. The law instructs citizens as to where
nature and civilisation converge. When the law addresses environmental issues, it
reveals how society feels about nature.
On the other hand, when environmental issues are not recognised as social
problems by the law or when inadequate action is taken to address them, it suggests
that nature and how humans interact with it do not matter or even does not count.
For the law to be effective, it needs to investigate the underlying assumptions
about nature and its role in our society. The state must change that perspective
through the legal system if a perspective is discovered. In the future, I will refer to
this as an uprising against worldviews or what Kuhn (Kuhn, 1970) refers to as a
paradigm shift (in Indonesia, it is known as the Mental Revolution).
For legislation to serve as a tool for social transformation, the institutions
that make laws (legislatures) need to be convinced that they will be more just if
they reflect the lived experiences of a broad population. The current legal
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standards rely on personalised and personalised legal rules; however, the feminist
legal theory contends that using the experiences of both women and men will result
in a model of legal decision-making that is superior to the current legal standards
and will also be more inclusive.
Incorporating ecofeminism into the mainstream political process
necessitates making a commitment to cultivating an atmosphere in which the
viewpoints of the “other” are acknowledged and taken into consideration. The plan
is to alter the patterns of participation, priorities, procedures, and policy-making
processes to represent better the interests of people who do not have a voice in
society. In order to have a sufficient grasp of the relationship between the
subjugation of women and the dominance of nature, it is vital to understand the
relationship between many forms of oppression, such as racism, classism, sexism,
and oppression. Ecofeminists believe that at least a portion of the solution to the
problem of environmental degradation lies in the development of legal
terminology that more correctly reflects the variety of experiences that humans
and other beings can have.
Ecofeminism needs to be brought to the attention of relevant authorities and
the public to transform law from oppression into a framework of caring. In the
same way, authorities need assistance in re-conceptualising their perceived
political and economic authority in terms of ecological and public dimensions to
envision plausible narratives of culture and social life. This will allow
ecofeminism to transform law from a framework of oppression into caring.
The most important thing that needs to be done to change laws is to get
ecofeminist and ecocentric concepts and values into the collective consciousness
of academic institutions, non-governmental organisations, and the media. It is
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necessary to alter legislation to address environmental injustice to bring about
change. This solution forms the basis of the need for an Environmental Policy that
incorporates Ecofeminist ideas and values, such as the need for a special law on
environmental justice, to listen to the suffering of those most affected by
environmental degradation, to create specific local solutions, and to open dialogue
between communities who feel the impact of future development. Specifically,
this solution addresses the need for a special law on environmental justice to listen
to the suffering of those most affected by environmental degradation, to create
specific local solutions, and to open dialogue between communities.
Conclusion
In environmental policy reform based on Pancasila, the shift from
Anthropocentrism (a perspective that prioritises human needs and interests) to
ecofeminism (a perspective that recognises the link between women's oppression
and natural environment degradation) can be seen in several key ways, including
the following: Ecofeminism places a strong emphasis on the necessity of
recognising and incorporating the viewpoints and contributions of
underrepresented groups, such as women and indigenous peoples, in the process
of making decisions and managing the environment. This could include policies
that prioritise the rights and livelihoods of these groups and ensure their
participation in formulating and implementing environmental policies.
Ecofeminism emphasises the importance of considering environmental issues’
social and cultural dimensions and recognising the interdependence between
humans and nature. This can include policies addressing the root causes of
environmental degradation, such as poverty and inequality, and promoting
sustainable development that considers the needs of present and future
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generations. Ecofeminism emphasises the spiritual and moral dimensions of the
environment and the necessity to respect and protect it as if it were a sacred belief.
This can include policies that recognise the intrinsic value of nature, as well as
those that promote conservation and restoration efforts based on traditional
ecological knowledge and spiritual beliefs; ecofeminism calls for a more holistic
and integrated approach to environmental protection, which recognises the links
between environmental, social, and economic issues. This can include policies that
address the effects of climate change on communities that are already at a
disadvantage, as well as policies that promote the sustainable and equitable use of
natural resources.
It is essential to note that the transition towards ecofeminism in reforming
Pancasila-based environmental policy can be difficult. This is because there may
be opposition to change, as well as opposing interpretations of how Pancasila
should be implemented in environmental policy. On the other hand, this viewpoint
has the potential to offer significant insights and suggestions for an approach to
environmental preservation in Indonesia that is more inclusive and sustainable.
According to the findings of this study, those in charge of developing policy
in the environmental sphere should consider incorporating ecofeminist concepts
into their deliberations. This strategy must be implemented in an all-inclusive
fashion, with careful consideration given to the rights and requirements of every
living creature and the ecosystem. Participation of local people in the decision-
making process has been shown to significantly cut down on the number of
disputes between local populations and protected areas. Policymakers should keep
this in mind when formulating their policies. Given the intimate connection
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between ecofeminism and the principles above, environmental decision-makers
must consider the significance of social justice and democracy in the field.
In this particular study, several research limitations are discussed. To begin,
the majority of the research has been conducted on ecofeminism in Indonesia;
hence, there is a need for additional research to investigate the application of
ecofeminism principles in other countries. Second, the studies that were looked at
concentrated mainly on the effect of ecofeminism on the natural world; hence,
additional research is required to investigate the effect of this philosophy on
society and the economy. In conclusion, most of the studies looked at were
qualitative, and there is a need for further quantitative research to investigate the
effect of ecofeminism on the natural world.
The application of ecofeminist concepts in various nations and
environmental circumstances should be the primary subject of research that will
be conducted in the future. In addition, the environmental effects of ecofeminism
should not be the only focus of research in the future; socioeconomic and political
effects should also be investigated. In addition, the focus of study in the future
should be on giving further quantitative data in order further to investigate the
effects of ecofeminism on the natural world. In addition, scholars should focus on
investigating the use of ecofeminism in other environmental domains like urban
planning, energy management, and water administration.
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