Media people criticized for lack of solidarity

Kurniawan Hari, The Jakarta Post, Jakarta

Prominent lawyer Nono Anwar Makarim criticized the Indonesian media on Thursday for its lack of cohesion in putting pressure on the government and the House of Representatives to revise existing laws that are often used against journalists and media enterprises.

"If media people can show solidarity, they can put pressure on the government and the House (to reform outdated laws). We must look to other countries that have reformed press laws," he said in a discussion organized by the Press Council and UNESCO here on Thursday.

Nono was referring to Japan and South Korea which have a similar legal system to Indonesia but have reformed their legal system to make it more transparent and democratic.

Several media people in Indonesia have been brought to court on criminal charges. The court uses the Criminal Code, instead of the Press Law, Nono asserted.

Media people are often charged with defamation or libel, something that does not happen in other democratic countries, he said.

In a defamation case, Nono said, the court must seek ways to quickly restore the reputation of "the victims", instead of seeking revenge against journalists.

"If there is a defamation case, the solution must not be sending journalists to jail," he said, adding that defamation victims must have their names restored quickly through clarification.

The effective and efficient mechanism to restore someone's name is through the use of the Press Law, under which the media group must clarify its erroneous report and apologize for its mistake.

"The Press Council will also mediate between the media and the victims of defamation," said Nono, a former corporate lawyer.

Former Supreme Court judge Benyamin Mankoedilaga said that the Press Law did not contain sufficient stipulations to protect journalists.

He said that the Press Law guaranteed the protection of journalists on duty. Taking as an example, he said journalists assigned to conflicting areas must be protected from armed conflict.

However, journalists must also have access to state offices, such as the House of Representatives, to carry out their duties, he said.

Benyamin, however, criticized Law No. 40/1999 which only mentions three possible types of misconduct that can be committed by media people.

The three are violation of religious norms, social norms, and the principle of presumption of innocence.

"How about other wrongdoings? We must admit that some aspects are not mentioned in the law," he said.

The Press Law does not include stipulations dealing with articles or reports that may contain libel, defamation, or lies.

He stated that the press must not become a super body that can do no wrong, but instead must be equal before the law.

Also speaking in the discussion were Toby Mendel of the London-based Article XIX press group and Asanga Welikala from Sri Lanka's Center for Policy Alternatives (CPA).