The press, especially mainstream media, might reenter an era of legal uncertainties, and might even be trapped by other regulations.
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·3 minutes read
Kompas/Wawan H Prabowo
Empty chairs and the words “Kami Butuh Kritik!” (“We Need Critics!”) displayed on two large monitors are seen during the 18th plenary meeting of the third session 2017-2018 on Wednesday (14/2) at the Senayan legislative complex in Jakarta.
In the midst of abundant information, the press is increasingly needed. The press is needed as an important pillar of democracy to convey the truth and the people\'s aspirations.
President Joko Widodo made the statement during the recent commemoration of National Press Day 2018 in Padang, West Sumatra. However, a week later, a Press Council meeting raised growing concerns that freedom of the press was under threat.
Press freedom in Indonesia, which is guaranteed by Law No. 40/1999 on the press, may soon disappear. The press, especially mainstream media, might reenter an era of legal uncertainties, and might even be trapped by other regulations.
There are at least 28 articles in the Draft Law on the Criminal Code (RKUHP) that threaten freedom of the press. Article 216 of the draft law, which was later renamed the Draft Criminal Law (according to the latest draft on Feb. 2, 2018), stipulates that anyone without the authority to create, collect, possess, store, hide or carry portraits, paintings or notes, measurements, writings, testimonies or other information related to state defense could be jailed by up to two years or fined a maximum Rp 150 million. What about journalists who write about the strengths of the Indonesian Military?
Article 222 in the Draft Criminal Law also stipulates that any person unauthorized to enter areas under construction for defense and state security apparatuses that do so within a distance of 500 meters, except on public roads, can be jailed for a maximum of one year or a fined a maximum Rp 50 million. Thankfully, the House of Representatives agreed to postpone deliberations on the Draft Criminal Law, so that there is time to disseminate the new regulation to the public and received their feedback.
However, the most urgent issue is to monitor the agreement of the House and the government to revise the 2014 Legislative Institutions Law, known as the MD3 Law. The law outlines the authority of the nation’s three legislative bodies — the House, the People’s Consultative Assembly (MPR) and the Regional Representatives Council (DPD).
The revision of the law has the potential to threaten an independence press. Article 74 of the revised law affirms that all House hearings have the right to make recommendations. If such recommendations are not implemented by the relevant state agencies, legal entities or residents, the House may request the President or other agencies to impose sanctions.
The House can make almost any kind of recommendation in its hearings, because it deals with all legislative affairs. The House can therefore recommend that the media be prohibited from publishing any reports that are considered to discredit them, such as an article on a survey result that shows the House as the most corrupt state institution.
Article 122 of the revised MD3 Law grants authority to the House Ethics Council to take legal action or other measures against anyone who degrades the dignity of the House or its members.
The people can take no legal action to prevent the revised law from being enacted, except to petition the Constitutional Court for a judicial review after the law has been implemented. We support such efforts to correct the revised law that threatens democracy through threatening press freedom, because the press is the “fourth pillar of democracy”.
