Analisis Konstitusionalitas Kebijakan Pengelolaan Lahan Pemakaman di DKI Jakarta dalam Menjamin Hak atas Pemakaman yang Layak dan Berkeadilan

Abstract

Region of Jakarta in ensuring the fulfillment of the right to a decent and equitable burial. Using a doctrinal legal research method with statutory and conceptual approaches, this study analyzes the constitutional basis of burial rights and evaluates the implementation of cemetery regulations amid the growing crisis of burial land scarcity. The findings indicate that although the right to a decent burial is not explicitly regulated in the 1945 Constitution, it can be derived from constitutional provisions concerning human dignity, public services, and state responsibility for human rights protection. However, limitations in cemetery capacity, the implementation of multiple-burial practices, unequal access to services, and administrative barriers demonstrate a gap between constitutional mandates and practical implementation. Therefore, stronger policy reforms are required to ensure the realization of decent, accessible, and non-discriminatory burial services as part of the state's constitutional obligations.