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

Research Article

Environmental Activists: A Legal Analysis Between Immunity Rights and Criminalization

Download28 downloads
  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343514,
        author={Muhammad Jaka Zia Utama},
        title={Environmental Activists: A Legal Analysis Between Immunity Rights and Criminalization},
        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={immunity rights criminalization environmental activist},
        doi={10.4108/eai.21-10-2023.2343514}
    }
    
  • Muhammad Jaka Zia Utama
    Year: 2024
    Environmental Activists: A Legal Analysis Between Immunity Rights and Criminalization
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343514
Muhammad Jaka Zia Utama1,*
  • 1: Magister of Law, Bangka Belitung University, Indonesia
*Contact email: ziajakaa2808@gmail.com

Abstract

This article was written with the argument that environmental justice is a constitutional right of every citizen to fight for the right to a good and healthy environment that cannot be prosecuted criminally or sued civilly. The regulatory legal ratio is regulated in Article 66 of Law Number 32 of 2009 concerning Environmental Protection and Management which regulates immunity rights. This article also describes environmental fighters who are at risk of being criminalized or often called SLAPP (Strategic Litigation Against Public Participation). The research in this article uses a juridical-normative method through statutory and conceptual approaches. The core problem presented focuses on the meaning of the legal ratio of immunity rights in article 66 of Law Number 32 of 2009 concerning Environmental Protection and Management, as well as analyzing the theoretical and normative arguments for criminalization efforts carried out against environmental fighters. This article aims to look at the immunity rights of environmental fighters and describe the forms of criminalization aimed at environmental fighters.