Constitution to include free press<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
In a bid to provide stronger legal grounds for press freedom, the
\nConstitutional Commission has proposed the inclusion of the issue
\nin the newly amended 1945 Constitution.<\/p>\n
Albert Hasibuan, deputy chairman of the Constitutional
\nCommission, said over the weekend that all commission members
\nhad agreed to put freedom of the press, along with freedom of
\norganization and of expression, in the Constitution.<\/p>\n
The wording that the commission members agreed to put in the
\ndraft reads: \"Freedom of organization, freedom of expression and
\nfreedom of the press are guaranteed and shall be regulated
\nfurther by laws\".<\/p>\n
\"The inclusion of freedom of the press in the Constitution is
\ndefinitely needed because it is very important,\" Hasibuan told
\nThe Jakarta Post here on Saturday.<\/p>\n
The commission was set up last year to synchronize changes to
\nthe 1945 Constitution, which according to experts are riddled
\nwith short-term political interests, and thus some legislation
\nhas become contradictory.<\/p>\n
The work of the commission, however, would still be brought to
\nthe People's Consultative Assembly (MPR), which has the final say
\non all constitutional amendments. It will convene next month.<\/p>\n
Hasibuan said the inclusion of press freedom in the
\nConstitution is meant to encourage anyone affected by press
\nreports to exercise their rebuttal rights without taking the case
\nto the court.<\/p>\n
Media groups accused of libel have often been charged under
\nthe Criminal Code, despite the presence of the Press Law that
\nprovides room for anyone affected by press reports to use their
\nright to present their side of a story.<\/p>\n
The use of the arcane Criminal Code libel laws, according to
\nHasibuan, a noted human rights activist, was a serious threat to
\nfreedom of the press.<\/p>\n
The inclusion of press freedom in the Constitution is expected
\nto trigger amendments to existing laws, including the Press Law,
\nto oblige anyone who objects to media reports to use their rights
\nto counter the news article and seek out-of-court settlements to
\nany press disputes.<\/p>\n
Hasibuan said anyone who believes that a press report
\ncontained defamatory material should make clarifications instead
\nof bringing the cases to court.<\/p>\n
\"If the press commits a violation, it must be settled by the
\nproper procedures,\" he said.<\/p>\n
Article 5 (1) of the Press Law states that the press must
\npublish articles with respect to religious norms, ethics and the
\npresumption of innocence.<\/p>\n
The press must provide the public the right to make
\nclarification\/rebuttal.<\/p>\n
Commission member Hadimulyo, meanwhile, said he hoped all
\nexisting laws relating to the press would be adjusted to the new
\nstipulation.<\/p>\n
\"The existing laws must be adjusted with stipulations in the
\nConstitution,\" he said, adding that the 31-member commission
\nwould soon finish its final draft.<\/p>\n
Hadimulyo and Albert said they hoped revisions to the existing
\nlaws must include detailed procedures for the out-of-court
\nsettlement.<\/p>\n
Albert, meanwhile, suggested that the public and state
\napparatus would use the Press Law instead of the Criminal Code to
\nsettle cases relating to the press.<\/p>\n
The Press Council had called on the Supreme Court to issue a
\ncircular obliging judges to use the Press Law to deal with cases
\ninvolving the press.<\/p>",
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