Court endorses broadcasting law
A. Junaidi, Jakarta
The Constitutional Court ruled out on Wednesday a judicial review demanded by radio and television employee organizations of Law No. 32/2002 on broadcasting, saying that the law complies with the Constitution.
"The law is not contrary to Article 28 (f) on freedom of communication and access to information," court president Jimly Asshidiqie told a hearing.
Jimly said the court also unanimously agreed that the establishment of the Indonesian Broadcasting Commission (KPI) was in compliance with the Constitution.
He said, however, the KPI's authority to impose administrative sanctions, such as revoking broadcasting permits, should be exercised according to the law.
The court also dismissed the accusation that the establishment of the commission discriminated against the plaintiffs, who are members of the Indonesian Television Journalists Union (IJTI), the Indonesian National Private Radio Broadcasting Association (PRSSNI), the Indonesian Advertising Agency Association (PPPI), the Indonesian Television Stations Association (ATVSI), the Indonesian Dubbers Association, and the Indonesian Television Community (Komteve).
"Instead, the exclusion of the plaintiffs from the KPI will maintain the commission's independence," Jimly said.
The plaintiffs had complained that they had not been involved in the formation of the KPI, which they had opposed.
The nine members of the KPI, mostly scholars, were selected by the House of Representatives.
Jimly said an article of the law, which limits the share that any individual may have in a television company, was not unconstitutional since it was aimed at preventing monopolistic practices.
However, the court approved the plaintiffs' request that the government be given the sole right to make derivative regulations, instead of formulating them with the KPI as stipulated in Article 62 (1) of the law.
Jimly said the court also revised Article 44 (1) of the law, so as to require television stations to automatically correct factual errors, even in the absence of complaints from the public.
The court's ruling is final and legally binding.
"We should accept it. the formulation of derivative regulations now depends on the government," the plaintiffs' lawyer Todung Mulya Lubis said.
The television employee organizations had opposed the broadcasting bill, which was enacted last year.
They said the law was repressive and could limit press freedom, as happened under the New Order regime.
They also resisted the establishment of the KPI, saying it would emulate the defunct ministry of information, which could ban publishers or broadcasters.
President Megawati Soekarnoputri installed last year Victor Menayang -- a lecturer of the University of Indonesia -- as KPI chairman, and Sasa Djuarsa Sendjaja, Andrik Purwasito, Ilya R. Sunarwinadi, Ade Armando, Amelia Hezkasari Day, S. Sinansari Ecip, Bimo Nugroho Sekundatmo and Dedi Iskandar Muda as KPI members.
They will serve for three years until 2006. Under the broadcasting law, the KPI plays an important role in monitoring and maintaining broadcasting standards.