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