Strengthening Anti-Eco-SLAPP Regulations in Indonesia

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.

Mechanism of Forced Summons against Witnesses Who Do Not Provide Information

“…Evidence has a very important position in the trial court examination process, because evidence contains provisions that contain outlines and guidelines regarding procedures that are justified by law proving the guilt of the accused, so by proving a criminal act a criminal sentence can be imposed. (Harahap, 2005;Putrijanti & Pinilih, 2023). Law Number 8 of 1981 concerning the Criminal Procedure Code in article 1 point 26 describes that a witness is a person who can provide information for the purposes of investigation, prosecution and trial regarding a criminal case that he himself heard, saw and experienced.…”