Criminalization of Freedom of Expression and Opinion for Environmental Activists from a Criminal and Positive Law Perspective

Freedom of expression and explanation is a right for the public to convey their criticism and aspirations to the state. However, over time, cases of criminalization have emerged for environmental activists, where they received criminal penalties while fighting for environmental rights in Indonesia. This study aims to explain and analyze the form of regulation of freedom of expression and opinion in Indonesia from a criminal and positive legal perspective regarding the criminalization experienced by environmental activists while fighting for the community's right to a good and healthy environment. The research method used is a normative juridical method with data collection techniques through literature studies, and further explained using qualitative descriptive methods. The results of the study indicate that the freedom of expression and opinion is the responsibility and right of the Indonesian state. However, the implementation of freedom of expression and opinion is not applied comprehensively to the community, especially for activists. Activists are subject to specific penalties in Law Number 11 of 2008 concerning Information and Electronic Transactions. This will impact freedom of expression for the community in the future, so an in-depth analysis is needed regarding the criminalization of freedom of expression and opinion.

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Publication Details

Journal
International Journal of Social Science Research and Review
Published
2025-10-09
DOI
https://doi.org/10.47814/ijssrr.v8i10.2957
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Criminalization of Freedom of Expression and Opinion for Environmental Activists from a Criminal and Positive Law Perspective

Muhammad Abiyyu Arhab, R.B. Sularto
International Journal of Social Science Research and Review
Indonesian Legal and Regulatory Studies
article

Criminalization of Freedom of Expression and Opinion for Environmental Activists from a Criminal and Positive Law Perspective

Muhammad Abiyyu Arhab, R.B. Sularto
article en

Abstract

Freedom of expression and explanation is a right for the public to convey their criticism and aspirations to the state. However, over time, cases of criminalization have emerged for environmental activists, where they received criminal penalties while fighting for environmental rights in Indonesia. This study aims to explain and analyze the form of regulation of freedom of expression and opinion in Indonesia from a criminal and positive legal perspective regarding the criminalization experienced by environmental activists while fighting for the community's right to a good and healthy environment. The research method used is a normative juridical method with data collection techniques through literature studies, and further explained using qualitative descriptive methods. The results of the study indicate that the freedom of expression and opinion is the responsibility and right of the Indonesian state. However, the implementation of freedom of expression and opinion is not applied comprehensively to the community, especially for activists. Activists are subject to specific penalties in Law Number 11 of 2008 concerning Information and Electronic Transactions. This will impact freedom of expression for the community in the future, so an in-depth analysis is needed regarding the criminalization of freedom of expression and opinion.

International Journal of Social Science Research and ReviewVol. 8(10)
Diponegoro University (ID)
Openalex Percentile: Top 67%
Indonesian Legal and Regulatory Studies
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Criminalization of Freedom of Expression and Opinion for Environmental Activists from a Criminal and Positive Law Perspective — Muhammad Abiyyu Arhab, R.B. Sularto · International Journal of Social Science Research and Review (2025) | TGRS Research Map | TGRS