Saraswati, Nindyah Lintang and Dr. Faizin Sulistio,, S.H, LL.M and Ladito Risang Bagaskoro,, S.H., M.H. (2022) Pengaturan Anti-SLAPP Sebagai Perwujudan Perlindungan Hukum Partisipasi Publik. Sarjana thesis, Universitas Brawijaya.
Abstract
In writing this final project, the author raises issues related to Anti-SLAPP Legal Arrangements. The choice of the theme was motivated by the widespread occurrence of human rights violations such as silencing the public in expressing their voices and even actions that should not be punished by filingastrategic lawsuit to the Court or commonly known asastrategic lawsuit against public participation (SLAPP). This can be seen in various real cases, such as the case of Eva Susanti Bande aka Eva, the case of Ahmad Busiin, Sugiyanto, and Abdullah (three Alasbuluh residents), the Onrizal case, the Heti case, et. al (Kenanga residents), and others. Based on the description above, the author examines in more depth by raising the formulation of the problem, as follows: (1) What are the conditions and legal arrangements for Anti-SLAPP in Indonesia? (2) What are the recommendations for the legal regulation model regarding Anti-SLAPP that can be applied in Indonesia? Then the writing of this final project usesanormative juridical method withastatutory approach (status approach),acomparative approach (comparative approach), andaconceptual approach (conceptual approach). The legal material obtained by the author will be analyzed and interpreted with various interpretations of the legal norms that have been systematized and classified. Then, it is studied and compared with the theories and legal principles put forward by experts to be analyzed normatively. From the results of the research using the methods described above, the authors obtain answers to the existing problems that the State of Indonesia normatively has legal arrangements regarding Anti-SLAPP, namely Article 66 of the PPLH Law and SK KMA Number: 36/KMA/SK/II/2013 concerning Enforcement of Guidelines for Handling Environmental Cases. However, the two legal arrangements have not been able to comprehensively accommodate Anti-SLAPP. In addition, there are still conflicts between regulations, especially the substance of Article 66 of the PPLH Law and Article 162 of the Minerba Law. This can beagap for actions that do not deserve to be punished or prosecuted by human rights defenders and/or the public. This is different from the United States of America (California) and the Philippines which have comprehensively accommodated both in terms of substance and mechanism for handling cases identified as SLAPP actions. The mechanism used by the two countries isaspecial motion to strike and a summary hearing by giving penalties in the form of punitive or exemplary damages. In other words, the State of Indonesia should be able to reflect by absorbing existing regulations by improving articles and/or implementingaspecial motion to strike or summary hearing in the form of aGovernment Regulation to support understanding and implementation of the Anti-SLAPP concept as well as the realization of the principle of fast, simple justice, and low cost.
English Abstract
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Other obstract
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| Item Type: | Thesis (Sarjana) |
|---|---|
| Identification Number: | 0522010136 |
| Subjects: | 300 Social sciences > 340 Law |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Nur Cholis |
| Date Deposited: | 11 May 2023 01:51 |
| Last Modified: | 11 May 2023 01:51 |
| URI: | http://repository.ub.ac.id/id/eprint/199291 |
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