Analisis Putusan Pemidanaan dan Putusan Lepas Dari Segala Tuntutan Tindak Pidana Ujaran Kebencian Yang Dilakukan Aktivis Lingkungan (Studi Putusan PN Nomor 14/Pid.Sus/2024/PN.Jpa Dan Putusan PT Nomor 374/Pid.Sus/2024/PT.Smg)

Abstract

Environmental activists in Indonesia often face criminalisation or legal pressure when they try to fight for environmental interests. An example is an environmental activist named Daniel Frits who voiced the rejection of illegal shrimp ponds in Karimunjawa, in law enforcement, judges must accept, examine, decide and resolve every case submitted to them. The problems in this thesis entitled Analysis of Conviction Decisions and Decisions Released from All Charges for Criminal Acts of Hate Speech Committed by Environmental Activists are how is the regulation related to the criminal act of hate speech in Indonesian criminal law, how is the relationship between proving the elements of a criminal act and the form of a judge's decision, how is the difference in the judge's consideration in proving the criminal act of hate speech committed by environmental activists in District Court Decision Number 14/Pid.Sus/2024/PN. Jpa and Court Decision Number 374/Pid.Sus/2024/PT.Smg? This research is conducted with descriptive normative analysis method and the data used is secondary data, then the data is analysed qualitatively to answer the problems in this paper. The regulation of the criminal offence of hate speech is regulated in Article 45A paragraph (2) Jo. Article 28 paragraph (2) of Law No. 1 Year 2024. Evidentiary arrangements in Indonesian criminal procedure law can be found scattered in the Criminal Procedure Code and several other special laws and other laws under it. Based on Article 183 of KUHAP, the evidentiary system in Indonesia is a negative statutory evidentiary system with the principle of minimum proof. In the end, based on the results of this research, it was concluded that the judges of the Jepara District Court tended to prioritise the formal elements of the criminal offence of hate speech regardless of the status of the defendant who was an environmental activist. Therefore, the Semarang High Court judge overturned the District Court's decision with the consideration of protecting activists who voice environmental issues and released the defendant from all charges.