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.
Authors
- Audyna Mayasari Muin
- Syarif Saddam Rivanie
- Afif Muhni
- Hijrah Adhyanti Mirzana
- Ismail Iskandar
- Muhammad Basri (ORCID: https://orcid.org/0000-0002-9366-7992)
Institutions
- Hasanuddin University (ID)
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