New Criminal Code could still threaten free press<\/p>\n
Hera Diani, The Jakarta Post, Jakarta<\/p>\n
In what looks like a return to the New Order bullying of the
\npress, the government's draft of the new Criminal Code contains
\nnumerous articles that could threaten press freedom.<\/p>\n
The draft, which was completed last month and handed to the
\nPresident before it is debated by the House of Representatives,
\ncontains no fewer than 49 articles that critics say endanger
\npress freedom.<\/p>\n
The current Criminal Code, a legacy of the Dutch colonial
\ngovernment, has been criticized for allowing the criminalization
\nof the press.<\/p>\n
The draft of the new Criminal Code maintains harsh penalties
\nfor journalists and those in the media business, including
\nArticle 212 which spells out a 15-year jail sentence for the
\ndissemination of any information that undermines the state
\nideology Pancasila.<\/p>\n
In addition to jail terms, journalists could face fines of up
\nto Rp 3 billion (US$326,000) and a ban from all journalistic
\nactivities.<\/p>\n
Journalists would also face punishment for offending the
\npresident and vice president, the heads of state of neighboring
\ncountries and state bodies, races or groups, and religious
\ngroups.<\/p>\n
There have been several cases over the past two years of
\nmembers of the press facing criminal charges, with the most
\nprominent incident being the libel case brought businessman Tomy
\nWinata against Koran Tempo daily last year.<\/p>\n
In 2003, the chief editor of Rakyat Merdeka daily, Karim
\nPaputungan, was sentenced to five months in jail for insulting
\nthen House of Representatives speaker Akbar Tandjung. The daily's
\nexecutive editor, Supratman, was also jailed for six months for
\ndefaming president Megawati Soekarnoputri. Both sentences were
\nsuspended.<\/p>\n
Under the new draft, members of the press could also be
\ncharged with a crime for insulting dead people and provoking
\npeople to rise up against a legitimate administration.<\/p>\n
Some of the articles of the new draft allow for a great deal
\nof leeway in their interpretation.<\/p>\n
Article 308, for example, calls for a fine of up to Rp 30
\nmillion ($3,300) or a one-year jail term for anyone spreading
\n"dubious, exaggerated or incomplete news" that could cause a
\nsocial disturbance.<\/p>\n
Members of the press also could face criminal charges for
\nmoral offenses, especially the publication of pornography,
\nalthough the definition of what constitutes pornography remains
\nvague.<\/p>\n
The articles on pornography, for instance, ban the media from
\npublishing or screening films, writing, pictures and paintings
\ncontaining "certain sensual body parts of adults". This implies
\npictures of scantily clad actors or runway models will no longer
\nbe allowed.<\/p>\n
These articles do not target only the press, but also
\nfilmmakers, music composers, other artists and even Internet
\nbloggers.<\/p>\n
Lawyer and press freedom advocate Hinca Panjaitan said these
\n49 articles in the draft of the new Criminal Code should not be
\naimed at the media because the country already had the Press Law.<\/p>\n
"Let the articles be, but add one more article saying that
\nthese articles do not target the press.<\/p>\n
"We will criticize the draft and ask the House of
\nRepresentatives not to approve it unless it is revised," said
\nHinca, a member of the Press Council.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/new-criminal-code-could-still-threaten-free-press-1447893297",
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