Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

The Legal Construction of the Implementation of ANTI-SLAPP in Fulfilling Legal Protection for Environmental Activists in the Indonesian Legal System

Download49 downloads
  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343511,
        author={Suwanto  Kahir and Sintong Arion Hutapea},
        title={The Legal Construction of the Implementation of ANTI-SLAPP in Fulfilling Legal Protection for Environmental Activists in the Indonesian Legal System},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={environmental activists anti-slapp minerals and coal},
        doi={10.4108/eai.21-10-2023.2343511}
    }
    
  • Suwanto Kahir
    Sintong Arion Hutapea
    Year: 2024
    The Legal Construction of the Implementation of ANTI-SLAPP in Fulfilling Legal Protection for Environmental Activists in the Indonesian Legal System
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343511
Suwanto Kahir1,*, Sintong Arion Hutapea2
  • 1: Master of Law Program, Universitas Bangka Belitung
  • 2: Faculty of Law of Universitas Bangka Belitung
*Contact email: suwantokahir@gmail.com

Abstract

Legal protection for environmental activists who are also legal Indonesian citizens is fundamentally regulated in the 1945 Constitution of the Republic of Indonesia in Article 28H paragraph (1). Furthermore, it is also regulated in Article 66 of the Law on Environmental Protection and Management containing the Anti-Strategic Lawsuit Against Public Participation (ANTI-SLAPP) protection, which can protect environmental activists because they cannot be prosecuted criminally or civilly. However, even though there is ANTI-SLAPP regulation, there are still many environmental activists who are criminalized due to the regulation of Article 162 of the revision of the mineral and coal law by mining companies since the companies have permits to do and run their business. This research used the Normative Juridical Method using the interpretation of legal rules contained in statutory regulations. The statements of the problem are what the legal construction of the application of ANTI-SLAPP towards the fulfillment of legal protection for environmental activists in Indonesian. The purpose of this research is to research, study, and analyze the legal construction of the application of ANTI-SLAPP in fulfilling the legal protection of the environmental activists in the Indonesian legal system and to find out the legal problems that hinder the implementation of ANTI-SLAPP in Indonesia.