CERTIFICATION OF OLD-AGED AND YARD TREES AND THE PROVISION OF ECONOMIC INCENTIVES FOR OWNERS AS A FAIR COMPENSATION FOR ENVIRONMENTAL SUSTAINABILITY GUARDIANS

Abstract

Efforts to maintain environmental quality are mandated for both the state and its citizens under the 1945
Constitution of Indonesia, particularly Article 28H and Article 33 paragraph (4). These principles align with the
global Sustainable Development Goals (SDGs), especially in protecting the environment through the conservation
of old-aged trees and privately owned yard trees. This paper examines the necessity of establishing a certification
framework for such trees as a legal foundation for granting financial incentives to their owners. These incentives
are viewed as a fair recognition of their contributions to clean air provision, carbon absorption, ecological
stability, and the prevention of illegal logging. Using a normative juridical method supported by statutory,
conceptual, and comparative approaches, this study reveals the absence of any regulations that specifically
address legal protection or economic benefits for tree owners outside state forest zones. Certification of individual
trees may function as a legal innovation consistent with ecological justice and green economy principles.
Implementing this certification mechanism could form the basis for measurable and fair fiscal incentives or
environmental compensation. Ultimately, this policy strengthens public legal awareness and supports long-term
environmental sustainability.