Press Council seeks debate on KUHP draft revision<\/p>\n
Tony Hotland, The Jakarta Post, Jakarta<\/p>\n
The Press Council is drafting alternative versions to proposed
\nmodifications of the Criminal Code (KUHP), which are widely
\nconsidered to stifle media freedom by criminalizing journalists
\nand their work.<\/p>\n
A total of 49 articles are being altered to be later presented
\nto the House of Representatives, which is the council's last hope
\nin an attempt to scrap the much-criticized proposed new articles.<\/p>\n
The Ministry of Justice and Human Rights has refused to debate
\nthe draft revision of the code with any media workers or
\norganizations, the council said on Wednesday.<\/p>\n
It warned that the draft will suffocate media freedom.<\/p>\n
The council declared as dubiousness certain articles in the
\ndraft, which could lead to multiple interpretations and
\ndefinitions, as well as the criminalization of journalists and
\ntheir work.<\/p>\n
Council deputy head R.H. Siregar said the inclusion of all
\nacts of crime into one book of law meant that other laws enacted
\nto address specific cases, such as Law No. 40\/1999 on the press,
\nwould be sidelined.<\/p>\n
\"The draft puts all kinds of crimes together, which could
\ncause legal uncertainties due to overlapping. On the press, this
\nwill make it more difficult to use the Press Law as a lex
\nspecialis to solve journalism-related disputes,\" he said.<\/p>\n
Moreover, he added, the law failed to elaborate Article 28(f)
\nof the amended 1945 Constitution, which promoted and protected
\nfreedom of expression through all available mediums.<\/p>\n
By holding journalists directly liable to years of
\nimprisonment, said Siregar, the draft overlooked the legal
\nprinciple of ultimum remidium, where imprisonment must be the
\nlast resort.<\/p>\n
\"Non-prison settlements are the first sought solution, notably
\nin press cases. Imposition of fines is a common practice as
\nstipulated in the Press Law,\" he said.<\/p>\n
Threatening sections include Article 209 that imposes a
\nmaximum penalty of 10 years in jail for any person who spreads or
\npromotes through the media the principles of communism or
\nMarxism-Leninism with the intention of changing or replacing the
\nstate ideology of Pancasila.<\/p>\n
Another example is Article 308 that imposes fines up to Rp 30
\nmillion (US$3,175) or a year's imprisonment on any person found
\nto have disseminated exaggerated or incomplete news that could
\nlead to social disorder.<\/p>\n
\"Article 209 doesn't elaborate what it means to spread or
\npromote (communism or Marxism-Leninism), and can easily be
\ninterpreted in various ways. Whether a news story is exaggerated
\nor incomplete is a journalistic matter, and the draft indeed
\ncrosses its domain. Besides, one can actually arrange fake
\n'social disorder',\" Siregar countered.<\/p>\n
Another issue is defamation, which in many countries no longer
\nqualifies as a criminal case, but rather a civil matter.<\/p>\n
\"Developed countries have ceased jailing journalists, and are
\nsettling such cases through civil courts instead. Why are we
\nmoving back? Note that the press is also obliged to fulfill the
\nrights of questioned persons to reply or correct statements,\"
\nsaid Siregar.<\/p>\n
An additional article in the draft revision also paves the way
\nfor the \"recall\" of someone from his or her profession, including
\njournalists, if the authorities consider that a \"violation\" of
\ntheir profession has occurred.<\/p>\n
\"A recall is the concern of the relevant professional
\norganization, not the state. This draft is in fact protecting the
\ngovernment from criticism and its obligation for good governance,
\nwhich the press has a key role to control,\" said council member
\nSabam Leo Batubara.<\/p>\n
He said the council has sent a letter to President Susilo
\nBambang Yudhoyono, asking him to order the justice ministry to
\nagree to discuss the contentious articles with the council before
\nthe proposal was submitted to the House.<\/p>\n
Drafting team head Muladi has said the draft was indeed open
\nto public debate when the deliberations of the bill begin next
\nmonth at the House, and that those articles could even be
\nscrapped.<\/p>\n
The draft was designed in response to demands raised since the
\n1960s for an overhaul of the Criminal Code. Critics say the
\nexisting code, enacted by the Dutch East Indies administration in
\n1886, is flawed and outdated.<\/p>\n
Compared to the existing code that consists of 569 articles,
\nthe draft revision has 727 articles, and contains provisions on
\nterrorism, gross human rights abuses and environmental
\ndestruction.<\/p>",
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