STRATEGIC LAWSUIT AGAINTS PUBLIC PARTICIPATION (SLAPPs) Dalam Konstruksi Hukum Pidana di Indonesia Menyangkut Perkara Lingkungan Hidup

DHANANG W, VINCENTIUS (2016) STRATEGIC LAWSUIT AGAINTS PUBLIC PARTICIPATION (SLAPPs) Dalam Konstruksi Hukum Pidana di Indonesia Menyangkut Perkara Lingkungan Hidup. Other thesis, Universitas Sebelas Maret.

[img] PDF - Published Version
Download (943Kb)

    Abstract

    The view of puts the environment as part of the production factors have been herding behavior of economic actors to explore natural resources excessively and tend to commit environmental crime. Quibble permanence business activity (profit and prosperity), economic actors sometimes do not hesitate to use defamation article as supporting tools to intimidate each participation is trying to block / inhibit the activity of their business. In western countries (United States) the phenomenon often referred to as SLAPPs (Strategic Lawsuit Against Public Participation). As a new discourse in the Indonesian environmental criminal law, this study aims to (1) describe whether the formulation of defamation article quite relevant and compatible is used as a means SLAPPs in the case of the environment; (2) explore national criminal law provisions against the use of defamation as a means SLAPPs in environmental matters. Type of this research is normative prescriptions, which is to conduct research using four approaches, statute approach, historical approach, comparative approach and conceptual approach. Source of data used in the form of primary data and secondary data. Mechanical collection of legal materials through the study of literature and document study. Legal materials analysis techniques using deductive method. Based on the results of research and discussion, it was concluded that the relevance of the formulation of defamation article in the Indonesian criminal law (Article 310 of the Criminal Code and Article 27 paragraph (3) jo. Article 45 paragraph (1) of Law Number 11 Year 2008 about Information and Electronic Technology) is used as a means of SLAPPs in the case of the environment have overstepped the bounds of the parameters of the article.

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum > Ilmu Hukum
    Depositing User: Yanny Wulandari
    Date Deposited: 04 Dec 2016 20:03
    Last Modified: 04 Dec 2016 20:03
    URI: https://eprints.uns.ac.id/id/eprint/30652

    Actions (login required)

    View Item