The Death for Environmental Advocacy
From the search for environmental information in Indonesia. A disappointing record shows sad data.
The Indonesian Forum for the Environment, the largest independent, non-profit environmental organization in Indonesia, submitted data on extractive industry conflicts in 2016 from 366 cases to 451 cases and decreased in 2017 to 302 cases.
And data from the Indonesian Forum for the Environment which reported that 302 environmental and agrarian conflicts during 2017, the Indonesian Forum for the Environment recorded from 13 provinces :
Aceh,
West Sumatra,
Riau,
Jambi,
Bengkulu,
Lampung,
Jakarta,
West Java,
Central Java,
East Java,
East Kalimantan,
South Sulawesi and
Papua
a total of 163 victims of activists were criminalized. The Indonesian Forum for the Environment said it had advocated for 182 cases.
Don't environmental activists have the right to be protected? Though, this country has Legal Basis for Protection of Environmental Activists:
The provisions of Article 66 in the LAW CONCERNING ENVIRONMENTAL PROTECTION AND MANAGEMENT stipulates that anyone who fights for the right to a good and healthy environment cannot be prosecuted criminally or civilly sued.
In 2013, the Supreme Court issued Decree of the Chief Justice of the Supreme Court Number 36 regarding the implementation of guidelines for handling environmental cases. In Chapter IV number 4 it is stated that the reference to Article 66 in the LAW CONCERNING ENVIRONMENTAL PROTECTION AND MANAGEMENT is part of the anti-SLAPP (anti-strategic lawsuit Against public participation).
The Constitution of the Republic of Indonesia affirms that human rights in Article 28 H paragraph (1), namely "Every person has the right to live in physical and spiritual prosperity, to live and to have a good and healthy living environment and have the right to obtain health services.
Theoretically, the pressure on activists was conveyed by Professor George W. Pring and Penelope Canan from the University of Denver, that the strategic lawsuit against public participations SLAPP (anti-strategic lawsuit Against public participation), namely:
1. There are complaints, complaints, demands from the community for the impact of the damage that has occurred;
2. Conducted on the community collectively, individually, and non-governmental organizations;
3. There is communication made to the government or authorized officials;
4. Conducted on issues of public interest or public concern.
This harsh reality, SLAPP (anti-strategic lawsuit Against public participation) is basically used with the aim of silencing or silencing public participation.
In other words, SLAPP (anti-strategic lawsuit Against public participation) is a legal action taken by a company to sue environmental activists who demand their rights under various pretexts, such as defamation of name to accusations of insulting the state symbol, spreading hate speech, and crimes against national security.
With the SLAPP (anti-strategic lawsuit against public participation) phenomenon carried out by the private sector, the community feels afraid, threatened, and intimidated which then eventually backs down and loses in participating in the legal process and is afraid to take an active role in fighting for their rights in the environmental field.
source:
LAW CONCERNING ENVIRONMENTAL PROTECTION AND MANAGEMENT https://peraturan.bpk.go.id/Home/Details/38771/uu-no-32-tahun-2009
the Supreme Court issued Decree of the Chief Justice of the Supreme Court Number 36 regarding the implementation of guidelines for handling environmental cases https://bawas.mahkamahagung.go.id/bawas_doc/doc/036_kma_sk_ii_2013.pdf
The Constitution of the Republic of Indonesia https://www.dpr.go.id/jdih/uu1945
Recommended Citation George W. Pring, SLAPPs: Strategic Lawsuits against Public Participation, 7 Pace Envtl. L. Rev. 3 (1989) https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1535&context=pelr