Critics accuse media of 'trial by the press'
Critics accuse media of 'trial by the press'
JAKARTA (JP): The trial of a man charged with the murder of a woman and her three children in Bekasi has just begun.
But spectators attending the second hearing on Monday at East Jakarta district court have already condemned the suspect.
"Just shoot the murderer," was among the jeers overheard as the suspect was brought into the courtroom under tight security.
Millions of people became familiar with the details of the Bekasi murders when it unfolded in the media last October. Sympathy flowed in for the widowed teacher left with two of five children.
Other shocking acts have followed, such as an alleged robbery and attempted rape in another part of Bekasi, East Jakarta.
Television audiences have been able to follow accounts of the suspects themselves as television cameras and microphones hovered around police officers questioning suspects.
"This is no problem, as long as suspects do not face the camera," said Ashadi Siregar, who runs a journalism school in Yogyakarta.
As the Indonesian press celebrated National Press Day yesterday, critics claimed that the exposure of the case has become "trial by the press".
Before the trials of the Bekasi murder began, noted lawyer Luhut Pangaribuan criticized the coverage of a press conference on the crime, which was held by the police.
The images of the suspects, identified as Philipus, his wife and three minors, were splashed all over television screens and printed media pages.
Luhut said the media could have at least blacked out the eyes of the suspects.
He told The Jakarta Post that such exposure, together with countless comments on the case, can negatively influence public opinion.
"The opinion of the public is set" before the judiciary is given a chance, he said, because of the length of time from the unveiling of the crime, to police questioning, to court proceedings.
Fearing an effect on the views of judges, Luhut said this influence should be used in a balanced manner.
Balanced reporting, he said, could function as a control for judges to make a fair decision.
The full exposure of suspects has been made possible by a change in the journalistic code of ethics, issued in late 1994 by the Indonesian Journalists Association (PWI).
Syamsul Basri, the head of the honorary board of the association, told the Post that the change was made in order to educate the public.
"The press can teach people that a person questioned by the police is not necessarily a criminal, but a suspect."
Syamsul said it may take time for people to grasp the difference, judging from instances such as riots targeting suspects.
"But if the press sticks to referring to suspects as suspects, and crimes as alleged crimes before being determined otherwise by the court, in time we hope the public will learn presumption of innocence."
Besides, he said, clear identification is needed to avoid mistaken identity by the public.
But a legal expert on the press, Loebby Loqman, earlier warned that identity exposure is not the main problem of potential trial by the press.
Loebby, also a member of the PWI honorary board, said the press must avoid making judgments in reporting. He said this influences the public which may not be able to differentiate the legal status of suspects.
Ashadi said that charges of trial by the press often do not differentiate coverage before and after legal proceedings. "The term only refers to reporting during legal proceedings," he said.
According to the journalistic code of ethics, trial by the press during a trial can bring charges of contempt of court.
"I have not seen instances where disputing parties pay the press to make reports in their favor while court proceedings are going on," he added.
Exploring and exposing all possible sources before trials begin, he said, is the right of the press, as long as reports are balanced.
The spokesman of the Jakarta Police Headquarters, Lt. Col. Iman Haryatna, complained that reporters often jump to conclusions before police detectives gather their findings.
"Reports say 'rape' when it might have been a rape attempt," he cited.
A staff member at a private television station admitted to tendencies of biased reporting of criminal cases.
"Reporters are also human, they are disturbed by sadistic crimes which happen over and over again," says Eduard Depari of private TV station RCTI.
The legal system is weak, "so the press aims to form public opinion which will push authorities into being more serious about catching offenders and punishing them", said Eduard, who is also a mass communications expert from the University of Indonesia.
Whatever the controversy about crime coverage, he said, it is a safe area of reporting.
"Publishing permits have never been withdrawn for news about sex and violence." The withdrawal of permits is the most feared threat of the media.
Rahadi Sutoyo, an editor at the Suara Karya daily, said charges of trial by the press may carry some truth, but this is fed by public demand.
This demand is the thirst for sensational news, in the absence of reports on sensitive issues.
"We're a sick society. Where is our sense of humor? We haven't had April Fool's news since the 1980s, in which we used to make fun of authorities. Nowadays such news would be immediately greeted with suspicion," said Rahadi.
He asks, "Is it a surprise that the media sticks to safe news that sells?" (anr/05)