Expanding the Scope of Legal Protection for Environmental Activists in Constitutional Court Decision Number 119/PUU-XXIII/2025

Abstract

Indonesia, as a country with abundant natural resources, faces significant challenges in environmental management. Increasing environmental degradation, such as deforestation and pollution, threatens the sustainability of natural resources and the quality of life of its citizens. Environmental advocates, comprising activists, indigenous peoples, and civil society groups, play a vital role in advocating for the right to a healthy environment. However, they often face the threat of legal retaliation, including civil lawsuits and criminal charges based on Strategic Lawsuits Against Public Participation (SLAPP). In response to this, Constitutional Court Decision Number 119/PUU-XXIII/2025 expands the interpretation of Article 66 of the Law on Environmental Protection and Management, which was previously limited to formal litigation, to include preventive and non-litigation actions such as demonstrations and public campaigns. This study aims to analyze the legal protection framework for environmental activists before and after the Constitutional Court’s decision, as well as the implications of this expanded interpretation of legal protection for the guarantee of constitutional rights and the enforcement of environmental law in Indonesia. Using a normative legal method, this study demonstrates that although this ruling provides more inclusive protection, structural challenges such as uncertainty in law enforcement and the dominance of corporate interests remain obstacles to its implementation