ID :
67144
Mon, 06/22/2009 - 23:29
Auther :
Shortlink :
https://oananews.org//node/67144
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News Focus: RI'S LEGAL SYSTEM STILL UNFAVORABLE FOR FREE PRESS By Eliswan Azly
Jakarta, E Java, June 22 (ANTARA) - The legal system in Indonesia is seen as being still unconducive for a free press because of the attitude of the authorities who often tend to treat press workers as criminals.
During the reform era, many cases which involved the press ended with verdicts that blamed the press, Press Council Vice Chairman Sabam Leo Batubara said in a seminar organized by the Press Legal Aid Institute and the Alliance of Independent Journalists in Surabaya over the week-end
In addition, the House of Representatives (DPR) was also believed to have played a role in criminalizing the press and this tendency was even increasing, he said.
According to him, one of the instances in which the House had criminalize the press was the drafting of article 27 paragraph (3) and article 45 paragraph (1) of Law No 11/2008 on information and electronic transaction (ITE).
"In the law , journalists are subject to a six year jail sentence with maximum fines of Rp1 billion if proven guilty of libel in disseminating information through electronic media," he said.
Besides, there are legal provisions that can put press workers in jail, among others article 5 paragraph (1) and article 51 in the law on public information, a number of conditions stipulated in law No 44/2008 on pornography, article 99 paragraph (1) of law No 10/2008 on general election and the criminal code (KUHP) dealing with criminal cases.
Now the House has prepared a draft criminal code which is more cruel than that made during the Dutch colonial regime, Leo said.
Furthermore, the ranking of press freedom in Indonesia continues to worsen from year to year. In 2002, press freedom in the country was rated the 57th best in the world, but in 2008 it dropped to 110th place.
Press figures in the country acknowledged that press freedom here had continued to deteriorate despite the media boom following the fall of Soeharto and his New Order regime in 1998.
"Indeed, the situation is very bad as both the authorities and members of society remain unaware of the need for press freedom even though Indonesia has gained wider freedom thanks to reform," Atmakusumah Astraatmadja, a former Press Council chairman, said.
He said most Indonesians, who had lived under authoritarian rule for more than 40 years, considered the press to merely be a business instead of an integral part of democracy.
Atmakusumah also highlighted the fact that Indonesia had also failed to update the Criminal Code in line with the changing times. The Criminal Code contained 35 articles that permitted the criminal prosecution of journalists for their writings.
There were also 10 laws, such as the Copyright Law, the Companies Law, the Monopolies Law and the States of Emergency Law, whose articles could be used to criminalize the press and journalists.
According to him, the revised criminal code, drafted by a team under former justice minister Yusril Ihza Mahendra, contained 45 articles that could be used to criminalize journalists and media.
Hinca Panjaitan, a member of the Press Council, said that the fact that Indonesia's decision to use legislation to bring criminal prosecutions against the press showed that the authorities lack the commitment to upholding press freedom.
A number of journalists have been prosecuted for their stories. The latest was Bambang Harymurti, the chief editor of Tempo magazine, who was sentenced to one year in jail for the weekly's report on the alleged involvement of a businessman in a fire that razed Tanah Abang market in Central Jakarta last year.
"Legal protection is very important for protecting press freedom," he said, while calling on the new government to pay a serious attention to the issue.
Apart from the legal aspect, both Atmakusumah and Hinca agreed that the country's media and journalists had been facing threats from both the authorities and members of society.
Ersa Siregar, a reporter with RCTI television was killed in a shootout between the military and Free Aceh Movement (GAM) rebels in Aceh in the past.
The country also witnessed a number of physical attacks on media institutions and journalists that were committed by members of society who felt upset by stories involving them.
"Any physical acts against the news media are unacceptable. If they deem a story to be insulting, they must file an objection with the media outlet and not launch a physical attack," Hinca said.
Atmakusumah said that most Indonesians were incapable of properly appreciating press freedom. They would not hesitate to attack a media outlet or a journalist if they believed a news story prejudiced them, even if it was accurate, he added.
"They hate it if the media disturbs their comfortable lives. They are not aware that publishing negative news is also one of the main duties of the media -- part of its social control function," he was quoted by the Jakarta Post as saying.
"Compared to ten years ago, it`s 100 per cent different. In terms of the law, in terms of treatment from the government and in terms of readers and viewers," said Erich Thohir, owner of media corporation Mahaka Media and president director of its flagship Muslim newspaper, Republika.
Under the Soeharto regime, the media in Indonesia was tightly controlled. Stories abound of journalists being intimidated, jailed or even killed for contradicting the official line. Meanwhile, a climate of censorship and corruption flourished.
Hence, those in the government and in the House should realize that no body expected this country to go back to a worse condition of press freedom which was really restricted during Soeharto's regime, Leo said.
The only way to make the press remain free is by enacting legal system which is in favour of the press in this country, he stated.
During the reform era, many cases which involved the press ended with verdicts that blamed the press, Press Council Vice Chairman Sabam Leo Batubara said in a seminar organized by the Press Legal Aid Institute and the Alliance of Independent Journalists in Surabaya over the week-end
In addition, the House of Representatives (DPR) was also believed to have played a role in criminalizing the press and this tendency was even increasing, he said.
According to him, one of the instances in which the House had criminalize the press was the drafting of article 27 paragraph (3) and article 45 paragraph (1) of Law No 11/2008 on information and electronic transaction (ITE).
"In the law , journalists are subject to a six year jail sentence with maximum fines of Rp1 billion if proven guilty of libel in disseminating information through electronic media," he said.
Besides, there are legal provisions that can put press workers in jail, among others article 5 paragraph (1) and article 51 in the law on public information, a number of conditions stipulated in law No 44/2008 on pornography, article 99 paragraph (1) of law No 10/2008 on general election and the criminal code (KUHP) dealing with criminal cases.
Now the House has prepared a draft criminal code which is more cruel than that made during the Dutch colonial regime, Leo said.
Furthermore, the ranking of press freedom in Indonesia continues to worsen from year to year. In 2002, press freedom in the country was rated the 57th best in the world, but in 2008 it dropped to 110th place.
Press figures in the country acknowledged that press freedom here had continued to deteriorate despite the media boom following the fall of Soeharto and his New Order regime in 1998.
"Indeed, the situation is very bad as both the authorities and members of society remain unaware of the need for press freedom even though Indonesia has gained wider freedom thanks to reform," Atmakusumah Astraatmadja, a former Press Council chairman, said.
He said most Indonesians, who had lived under authoritarian rule for more than 40 years, considered the press to merely be a business instead of an integral part of democracy.
Atmakusumah also highlighted the fact that Indonesia had also failed to update the Criminal Code in line with the changing times. The Criminal Code contained 35 articles that permitted the criminal prosecution of journalists for their writings.
There were also 10 laws, such as the Copyright Law, the Companies Law, the Monopolies Law and the States of Emergency Law, whose articles could be used to criminalize the press and journalists.
According to him, the revised criminal code, drafted by a team under former justice minister Yusril Ihza Mahendra, contained 45 articles that could be used to criminalize journalists and media.
Hinca Panjaitan, a member of the Press Council, said that the fact that Indonesia's decision to use legislation to bring criminal prosecutions against the press showed that the authorities lack the commitment to upholding press freedom.
A number of journalists have been prosecuted for their stories. The latest was Bambang Harymurti, the chief editor of Tempo magazine, who was sentenced to one year in jail for the weekly's report on the alleged involvement of a businessman in a fire that razed Tanah Abang market in Central Jakarta last year.
"Legal protection is very important for protecting press freedom," he said, while calling on the new government to pay a serious attention to the issue.
Apart from the legal aspect, both Atmakusumah and Hinca agreed that the country's media and journalists had been facing threats from both the authorities and members of society.
Ersa Siregar, a reporter with RCTI television was killed in a shootout between the military and Free Aceh Movement (GAM) rebels in Aceh in the past.
The country also witnessed a number of physical attacks on media institutions and journalists that were committed by members of society who felt upset by stories involving them.
"Any physical acts against the news media are unacceptable. If they deem a story to be insulting, they must file an objection with the media outlet and not launch a physical attack," Hinca said.
Atmakusumah said that most Indonesians were incapable of properly appreciating press freedom. They would not hesitate to attack a media outlet or a journalist if they believed a news story prejudiced them, even if it was accurate, he added.
"They hate it if the media disturbs their comfortable lives. They are not aware that publishing negative news is also one of the main duties of the media -- part of its social control function," he was quoted by the Jakarta Post as saying.
"Compared to ten years ago, it`s 100 per cent different. In terms of the law, in terms of treatment from the government and in terms of readers and viewers," said Erich Thohir, owner of media corporation Mahaka Media and president director of its flagship Muslim newspaper, Republika.
Under the Soeharto regime, the media in Indonesia was tightly controlled. Stories abound of journalists being intimidated, jailed or even killed for contradicting the official line. Meanwhile, a climate of censorship and corruption flourished.
Hence, those in the government and in the House should realize that no body expected this country to go back to a worse condition of press freedom which was really restricted during Soeharto's regime, Leo said.
The only way to make the press remain free is by enacting legal system which is in favour of the press in this country, he stated.
