PERTIMBANGAN HAKIM PERKARA PENURUNAN KEHORMATAN BENDERA NEGARA DITINJAU DARI TEORI ANTI-SLAPP (Studi Putusan Nomor 397/Pid.Sus/2018/PN Idm)

Abstract

The Anti-SLAPP theory in Article 66 of Law Number 32 of 2009 Concerning Environmental Protection and Management, is firmly neglected in every case involved the environmental warrior, such as in court decision number 397/Pid.Sus/2018/PN Idm. This research aims to analyze the connection between degrading the honor of the national flag that consist in the court decision number 397/Pid.Sus/2018/PN Idm with Anti-SLAPP theory, and also review the judge decision in the case of degrading the honor of the national flag of court decision 397/Pid.Sus/2018/PN Idm with Anti-SLAPP theory. This research employed normative-juridical methods with the research data obtained from library research. The secondary data were obtained from the results of observation and analyses of literature and regulations related to the issue studied. This research results is the ratio decidendi does not see any relevance of Article 66 jo. Article 24 letter a of Law 24/2009 with Article 66 of Law 32/2009. While, the chronology and the witness were accepted as the facts during trial had much contradiction. Also, the ratio decidendi does not give more attention to Anti-SLAPP theory which is carried in Article 66 of Law 32/2009.

Keywords: Ratio Decidendi, Court Decision Number 397/Pid.Sus/2018, Anti-SLAPP