Yuridika
Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021

Legal Construction of Anti Eco-SLAPP Reinforcement in Indonesia

Banulita, Mia (Unknown)
Utami, Titik (Unknown)



Article Info

Publish Date
01 Sep 2021

Abstract

A Strategic Lawsuit Against Public Participation (SLAPP) does not only occur in the environmental sector but in any situation in which an act aims to stop or eliminate the opposition of public participation to certain policies. In the environmental sector, Eco-SLAPP aims to use fear and intimidation to silence people who commit aggression against environmental policies and/or certain interests through reporting/filing complaints or lawsuits to court. Therefore, the Anti Eco-SLAPP concept in Law Number 32 of 2009 was formed to provide protection against the act of Eco-SLAPP as it harms people who fight for a good and healthy environment. Unfortunately, Law Number 32 of 2009 exhibits weakness regarding its substance and process in fulfilling Anti Eco-SLAPP. In terms of substance, Article 2(a) Law Number 32 of 2009 has not given the state responsibility to implement Anti Eco-SLAPP, and Article 66 Law Number 32 of 2009 has not regulated good faith as the reason a person cannot be prosecuted criminally or sued civilly. Neither has it regulated protection from administrative action, the motion strike/dismissal process, or SLAPP Back to prevent early Eco-SLAPP actions. In addition, the implementation of Anti Eco-SLAPP is often misinterpreted since it is unable to distinguish pure criminal acts and actions to fight for the environment based on good faith. Therefore, it is necessary to construct an Anti Eco-SLAPP law based on the weaknesses of the existing Law Number 32 of 2009, so as to reinforce the implementation of Anti Eco-SLAPP in Indonesia.

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Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...