Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.

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Publication Details

Journal
SIGn Jurnal Hukum
Published
2025-09-01
DOI
https://doi.org/10.37276/sjh.v7i1.485
Citations
4
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
63.94
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article

Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights

Audyna Mayasari Muin, Syarif Saddam Rivanie, Afif Muhni, Hijrah Adhyanti Mirzana et al.
4 citations
SIGn Jurnal Hukum
Legal and Social Justice Studies
63.94
article

Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights

Audyna Mayasari Muin, Syarif Saddam Rivanie, Afif Muhni, Hijrah Adhyanti Mirzana, Ismail Iskandar, Muhammad Basri
article en
4 citations

Abstract

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.

SIGn Jurnal HukumVol. 7(1)
Hasanuddin University (ID)
Openalex Percentile: Top 0%
Legal and Social Justice Studies
63.94
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