Press freedom in Indonesia<\/p>\n
By A.Muis<\/p>\n
UJUNGPANDANG (JP): Shortly after the resignation of president
\nSoeharto, the reform movement pioneered by the students
\nthroughout Indonesia -- and fully seconded by the press -- has
\nalso touched on the national press law. The notorious, dreaded
\nregulation No. 1\/1984, issued by former minister of information
\nHarmoko and concerning cancellation of licenses of press
\nenterprises, has been revoked by the present minister of
\ninformation, Muhammad Yunus, in new regulation No. 1\/1998.<\/p>\n
The former press decree implemented Article 13, paragraph 5,
\nof Press Law No. 11\/ 1966, stipulating that press enterprises
\nshould possess licenses. The law has been successively revised
\nwith law No.4\/1967 and the law No. 21\/ 1984.<\/p>\n
Revocation of the law should lead to accountability before the
\nlaw. In other words, if news articles violate the law, that is,
\nare considered libelous, the editor or the reporter should stand
\ntrial.<\/p>\n
In the meantime, questions remain as to whether everybody may
\npublish newspapers and magazines without licenses. Even in other
\ndeveloping countries with more liberal environments, like
\nMalaysia, press enterprises must possess licenses which must be
\nrenewed every year.<\/p>\n
The information minister's regulation No. 01\/1984 paragraph 33
\ndeals with the mode of enterprise, while the second, consisting
\nof paragraph 33h, deals with the code of publication that is news
\nmaterials.<\/p>\n
This paragraph stipulates that the license of press
\nenterprises can be canceled by the minister of information after
\nthe minister consults the press council, and if it is in
\naccordance with the council's evaluation that the press
\nenterprise concerned in the implementation of its publication no
\nlonger reflects a healthy, free and responsible press. What is
\nmeant by the phrase is nothing more than what is called \"The
\nPancasila Press\".<\/p>\n
The regulation is equal to press harnessing which is forbidden
\nby Article 4 of the press law. Dozens of newspapers and magazines
\nhave become victims of the regulation. Among them was the
\nprestigious weekly magazine Tempo, which had its license canceled
\nby the minister of information in 1994.<\/p>\n
Unfortunately, the Supreme Court affirmed the information
\nminister's decision in its verdict on the case in 1996. Tempo in
\n1994 reported the case of some 12 ships imported from Germany by
\nB.J. Habibie in his capacity as then minister of research and
\ntechnology. Tempo said several ships were damaged.<\/p>\n
In this new era, the new government of Indonesia has
\n\"reformed\" the national press system in such a way that the press
\nis expected to resume the freedom it had in 1945-1959. But other
\nquestions remain, like to what extent the national press of
\nIndonesia has really regained its freedom.<\/p>\n
The answer may be rather dismal because there is still the law
\nNo. 1\/ 1995 Article 117 paragraph 1 (a) concerning the authority
\nof a court to close down a limited company on the grounds of
\nbringing damage to the public interest, after receiving a request
\nfrom the attorney general. Most press enterprises of this country
\nare limited companies.<\/p>\n
In order to prevent press firms from being closed by the
\ncourt, the limited company law should be revised accordingly,
\nperhaps with the clarification that it is not applicable to press
\nenterprises.<\/p>\n
The writer is a professor of law and communication at
\nHasanuddin University in Ujungpandang, South Sulawesi, and
\npostgraduate study at University of Indonesia, Jakarta.<\/p>",
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