SKRIPSI

PENEGAKAN HUKUM PRINSIP ANTI-STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (ANTI-SLAPP) TERHADAP MASYARAKAT YANG AKTIF BERPARTISIPASI DALAM PERLINDUNGAN LINGKUNGAN HIDUP DITINJAU DARI PERSPEKTIF HUKUM PIDANA

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Indonesia often experiences environmental pollution. In fact, everyone has the right to live
in a healthy and livable environment. According to Article 28h paragraph 1 of the 1945
Constitution, "Everyone has the right to live in physical and spiritual prosperity, has the right to
a place to live, a good and healthy living environment, and the right to receive health services."
To fight for their rights to a healthy environment, people who are directly affected by pollution or
environmental damage due to industrial activities are working together with environmental
activists. In this case, they communicate with each other, exchange information, and convey
complaints expressed through protests or the media. However, in practice, parties involved in
preserving the environment often face opposition and pressure in the form of threats from
corporate actors whose operational activities are deemed to have damaged or polluted the
environment. Strategic Lawsuits Against Public Participation (SLAPP) is a term used in terms of
intimidating, frightening, or silencing opponents with the possibility of punishment.
The research method used in this thesis is a descriptive analytical and normative juridical
approach based on positive law and legal rules. The analytical descriptive approach aims to
provide a detailed and systematic description of the legal phenomenon being studied, as well as
analyzing the data obtained to identify significant patterns, trends or relationships. Meanwhile, a
normative juridical approach is used to examine applicable legal norms, focusing on the analysis
of statutory regulations, court decisions and other legal documents. In this approach, research is
based on applicable positive law such as the Environmental Protection and Management Law, the
Human Rights Law, the Criminal Code and recognized legal norms, with the aim of evaluating the
consistency and application of the law. The combination of these two methods allows research to

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not only describe legal phenomena in detail, but also to analyze them in the context of the existing
legal framework, thereby providing a more comprehensive and in-depth understanding.
Article 66 of the Environmental Protection and Management Law (UUPPLH) regulates
Anti-Strategic Lawsuit Against Public Participation (Anti-SLAPP), which aims to protect
individuals or groups fighting for environmental interests from intimidating lawsuits. Even though
these provisions have been regulated, SLAPP cases still frequently occur in Indonesia. This is due
to the absence of specific laws and regulations that regulate in detail the protection of
environmental activists and public interest advocates. In addition, weak law enforcement is a
factor that exacerbates this situation, because law enforcement officials often do not provide
adequate protection or do not even follow up reports related to SLAPP seriously. As a result,
individuals or groups fighting for environmental interests remain vulnerable to legal intimidation,
which in the end can hamper environmental protection efforts in Indonesia.

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Ketersediaan

SKP0001109

345

Fakultas Hukum

Tersedia namun tidak untuk dipinjamkan - No Loan

Informasi Detail

Judul Seri

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No. Panggil

345

Penerbit

BANDUNG : FAKULTAS HUKUM UNPAS., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

345

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

PERTAMA

Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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