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- [Working Paper] Legal Analysis of Anti-SLAPP (Strategic Lawsuit against Public Participation) Environmental Cases in Indonesia: A Long and Winding Road to Implementation?
[Working Paper] Legal Analysis of Anti-SLAPP (Strategic Lawsuit against Public Participation) Environmental Cases in Indonesia: A Long and Winding Road to Implementation?
APCEL Senior Research Fellow, Dr. Linda Yanti Sulistiawati had published her working paper, ‘Legal Analysis of Anti-SLAPP (Strategic Lawsuit against Public Participation) Environmental Cases in Indonesia: A Long and Winding Road to Implementation ?’ in the APCEL Working Paper Series. Co-written with Muhammad Adib Zain Judge, Supreme Court of the Republic of Indonesia, Rengat District Court, Indragiri Hulu Regency, Riau, Indonesia, the paper explores the legal landscape of Anti-SLAPP (Strategic Lawsuits Against Public Participation) protections in Indonesia, focusing on their role in safeguarding environmental defenders. The paper is available for download in SSRN as well as APCEL’s website under Publications.
Abstract
This paper explores the legal landscape of Anti-SLAPP (Strategic Lawsuits Against Public Participation) protections in Indonesia, focusing on their role in safeguarding environmental defenders. While Indonesia has introduced statutory provisions—most notably Article 66 of the Environmental Protection Law—gaps remain in definition, scope, and enforcement. A comparative analysis with countries such as the Philippines, Thailand, and Malaysia reveals diverse approaches, ranging from procedural protections to reliance on constitutional principles. Case studies from Indonesia demonstrate inconsistent judicial interpretations and highlight challenges such as limited access to justice, rigid procedural frameworks, and corporate and political influence. In many instances, Anti-SLAPP claims are only recognized at the appellate level or not at all. The paper recommends comprehensive legal reforms, enhanced judicial training, and regional cooperation to strengthen protections. Ultimately, robust Anti-SLAPP mechanisms are essential to uphold public participation, protect environmental advocacy, and promote democratic accountability in Indonesia, and across Southeast Asia.
Keywords: Anti-SLAPP, Indonesia, Environmental Cases, Legal Analysis
Available in SSRN: https://dx.doi.org/10.2139/ssrn.5352284
or download the paper at: APCEL Working Paper Series