PERLINDUNGAN HUKUM TERHADAP AKTIVIS LINGKUNGAN HIDUP PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 119/PUU-XXIII/2025

Abstract

Legal protection for environmental activists is a crucial aspect of ensuring citizens' constitutional rights to a good and healthy environment. Although Article 66 of the Environmental Protection and Management Law (UUPPLH) includes provisions against Strategic Lawsuits Against Public Participation (Anti-SLAPP), the existence of the Explanation to Article 66 actually imposes restrictions on the subjects that are protected, thereby opening avenues for the criminalisation of environmental activists. This situation has prompted a constitutional review, resulting in the Constitutional Court Decision Number 119/PUU-XXIII/2025. The research questions addressed in this study are: 1) What are the legal considerations of the judges in the Constitutional Court Decision Number 119/PUU-XXIII/2025? 2) What are the legal implications of the Constitutional Court Decision Number 119/PUU-XXIII/2025 for the legal protection of environmental activists? The research method employed is normative legal research with a legislative approach. Data is obtained through document studies of primary and secondary legal materials, which are analysed descriptively and qualitatively. The findings indicate that

1) the Constitutional Court has asserted that the Explanation to Article 66 of the UUPPLH contradicts the 1945 Constitution and Laws Number 12 of 2012 and Number 32 of 2009. 2) The legal implications of the Constitutional Court Decision Number 119/PUU-XXIII/2025 include providing constitutional protection for environmental activists and ensuring public participation in the protection and management of the environment