Constitution to include free press

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.