Iwakum welcomes Tian Bahtiar’s acquittal ruling as strengthening press freedom
Jakarta (ANTARA) – The Indonesian Legal Journalists Association (Iwakum) regards the acquittal of former TV crew Tian Bahtiar in cases of alleged obstruction of law enforcement in three corruption cases as strengthening press protection.
Iwakum Chairman Irfan Kamil said the ruling serves as an important reminder that journalistic work cannot be casually criminalised using criminal law instruments, especially when it concerns the product of reporting.
“Iwakum respects and appreciates the judges’ considerations that emphasise protection of journalistic work,” Kamil said when contacted in Jakarta on Wednesday.
Therefore, he argues the ruling sets an important precedent that press products must be placed within the framework of the Press Law and ethical mechanisms, not directly drawn into the criminal domain.
Kamil also appreciates the judges’ reference to Constitutional Court Decision No. 145/PUU-XXIII/2025 on the judicial review filed by Iwakum. According to him, that reference shows that in adjudicating cases, the panel of judges still regards press freedom as a constitutional right that must be protected.
Thus, Iwakum views the decision clarifies the boundary between criticism, reporting, and alleged obstruction of investigation. “Not every reporting that harms a party can be qualified as obstruction of justice,” he emphasised.
He reminded that Article 21 of the Law on the Eradication of Corruption concerning obstruction of investigation must be applied carefully and proportionately to avoid a chilling effect on press work.
It was emphasised that law enforcement remains important, but not at the expense of the space of press freedom guaranteed by the constitution.
“Disputes over journalistic products should be resolved through the right of reply, the right to correction via the Dewan Pers (Press Council),” Ponco said.
In the case, Tian was acquitted together with two other defendants, namely activist or head of the buzzer team Adhiya Muzakki and advocate Junaedi Saibih.
The three corruption cases that were indicted had their investigations hindered by the three defendants initially, namely tin ore governance, crude palm oil (CPO) export, and sugar import.
The three defendants were initially suspected of creating programmes and content aimed at shaping negative public opinion in the public domain regarding the handling of the three cases.
However, in its ruling, the panel of judges found no malicious intent or unlawful nature in Tian’s actions as he was simply performing his journalistic duties by producing reporting.
If the reporting is deemed negative, the panel argued that it is merely a matter of perspective or point of view, not a truth that can be measured by criminal eyes.
Thus, if further evidence is sought, it can be addressed in a general criminal trial, not a corruption offence.
Then regarding Junaedi, the panel determined that creating seminars, even with negative narratives, is part of non-litigation defence outside the court.
It was stated that as long as the seminar is conducted in accordance with applicable regulations, it is not part of actions with illegal nature.
Moreover, Junaedi has been proven to have never known, approved, or participated in creating news that is negative against the Attorney General’s Office, whether in mainstream media or social media, as referred to by the prosecutor.