Strategic Lawsuit against Public Participation (SLAPP): A Legal Based Threat to Freedom of Expression

Abstract

There are still many attempts to silence freedom of expression in Indonesia. One of the ways to silence the freedom of expression in Indonesia is Strategic Lawsuit against Public Participation (SLAPP). This study analyzed at least three SLAPP cases in Indonesia: (1) the case of Prita Mulyasari vs. the Omni International Alam Sutera Hospital in Tangerang; (2) the case of Budi Heryawan as known as Budi Pego; and (3) the case of Nur Alam vs. Basuki Wasis. This study proposed two questions. First, what is the pattern and portrait of SLAPP in Indonesia? Second, how is the analysis of human rights law on the use of SLAPP in Indonesia? This normative legal research is a case-based research. It uses the case, conceptual, and statutory approaches with qualitative data. The study concludes that SLAPP in Indonesia is used against people who fight for their rights, who defend their selves against human rights abuses committed by third parties, and to experts whose testimonies are used by a court. The representation shows that SLAPP is an effort to shift the problem from the real perpetrator to the victim. The SLAPP puts the victim in a high-risk position; drains and distracts the victim; and postpones problem-solving. Second, the SLAPP is an act that contradicts and/or has an adverse impact on freedom of expression. Courts must be present to affirm that the state takes sides to protect freedom of expression.

Judges' Philosophical Orientation in Resolving Anti-SLAPP Disputes

“…To comply with these regulations, criminal Anti-SLAPP procedural provisions may utilize the pre-trial mechanism outlined in the Criminal Procedure Code or the institution known as the Preliminary Examining Judge (HPP), which substitutes for the mechanism in the RKUHAP, to establish succinct and preliminary Anti-SLAPP procedures before the commencement of the trial process. 39 In their implementation, the Anti-SLAPP procedural provisions must also prioritize the evidentiary process, including the potential for the burden of proof reversal. Aside from that, emphasis must be placed on the compensation mechanism for SLAPP victims, including the form and quantity of compensation that can be requested in court and the evidence that can be submitted in support of such a request.…”

Strengthening Anti-Eco-SLAPP Regulations in Indonesia

“…One of these human rights is public participation. This public participation has been regulated in Article 28C paragraph (2) of the 1945 Constitution after the amendment, which mandated that everyone has the right to fight for their rights to build the public interest collectively. Then, Article 28E paragraph (3) states that everyone has the right to express their opinions and thoughts, both in oral and written form.…”

“…Then, Article 28E paragraph (3) states that everyone has the right to express their opinions and thoughts, both in oral and written form. In addition, the Indonesian constitution also gives freedom to the public to seek, obtain, possess, store, process and convey information through all types of media, as mandated by Article 28F of the 1945 Constitution after the amendment [2].…”