Politik Hukum Anti-Strategic Lawsuit Againts Public Participation dalam Persoalan Lingkungan Hidup

Abstract

The Indonesian environment faces many problems, such as damage caused by environmental management that does not comply with constitutional provisions and other laws and regulations. Political and economic rulers continue to massify projects that are sustainably destructive, which subsequently damage the living spaces of humans, plants, and animals. Indonesia is a democratic country, so a common way to respond to environmental damage is thru external control via public participation, for example, by environmental activists. However, this did not go as expected; political and economic leaders responded to public participation by bringing environmental activists into the legal realm. This can happen because Article 66 of Law Number 32 of 2009 has a legal loophole. This research aims to assess the state's legal policy in regulating the issue of handling strategic lawsuits against public participation (SLAPP), which often target environmental activists. The method used in this research is normative legal research using a statutory approach. The results of this study indicate that the state has given more attention to environmental issues, from the Decree of the People's Consultative Assembly Number IV/MPR/1978 to Law Number 32 of 2009, which affirms the rights of environmental activists. The content of the law did not immediately solve the existing problems, until the Constitutional Court finally examined the material of the application against Article 66, which then further guarantyd legal protection for anyone who fights for the environment. Thus, the state's legal politics have manifested a democratic political configuration and responsive law.