Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Strengthening Anti-Eco-SLAPP Regulations in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326270,
        author={Aju  Putrijanti and Sekar Anggun Gading Pinilih},
        title={Strengthening Anti-Eco-SLAPP Regulations in Indonesia},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={public participation environment anti-eco-slapp},
        doi={10.4108/eai.27-7-2022.2326270}
    }
    
  • Aju Putrijanti
    Sekar Anggun Gading Pinilih
    Year: 2023
    Strengthening Anti-Eco-SLAPP Regulations in Indonesia
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326270
Aju Putrijanti1, Sekar Anggun Gading Pinilih1,*
  • 1: Universitas Diponegoro
*Contact email: sekar_anggun@live.undip.ac.id

Abstract

This paper identifies Eco-SLAPP practices in Indonesia and analyzes the weaknesses of the regulation in Indonesian law; hence it is necessary to regulate Anti-Eco-SLAPP strengthening. As stipulated in the Indonesian constitution, public participation is a right that gets protection. However, guarantees from the regulation seem to have yet to materialize correctly. Many people still need to be involved in state administration or policymaking by the government, especially in the environmental field. In Law Number 32 of 2009, Article 66 has given the community rights to access participation and information, submit proposals, and play an active role in protecting and managing the environment (Anti Eco-SLAPP); however, in practice, Article 66 cannot run effectively because there are still many cases of people fighting for the environment being criminalized. This writing uses a normative juridical approach by qualitatively analyzing legal materials in the form of regulations, journals, and previous studies.