New Criminal Code could still threaten free press
Hera Diani, The Jakarta Post, Jakarta
In what looks like a return to the New Order bullying of the press, the government's draft of the new Criminal Code contains numerous articles that could threaten press freedom.
The draft, which was completed last month and handed to the President before it is debated by the House of Representatives, contains no fewer than 49 articles that critics say endanger press freedom.
The current Criminal Code, a legacy of the Dutch colonial government, has been criticized for allowing the criminalization of the press.
The draft of the new Criminal Code maintains harsh penalties for journalists and those in the media business, including Article 212 which spells out a 15-year jail sentence for the dissemination of any information that undermines the state ideology Pancasila.
In addition to jail terms, journalists could face fines of up to Rp 3 billion (US$326,000) and a ban from all journalistic activities.
Journalists would also face punishment for offending the president and vice president, the heads of state of neighboring countries and state bodies, races or groups, and religious groups.
There have been several cases over the past two years of members of the press facing criminal charges, with the most prominent incident being the libel case brought businessman Tomy Winata against Koran Tempo daily last year.
In 2003, the chief editor of Rakyat Merdeka daily, Karim Paputungan, was sentenced to five months in jail for insulting then House of Representatives speaker Akbar Tandjung. The daily's executive editor, Supratman, was also jailed for six months for defaming president Megawati Soekarnoputri. Both sentences were suspended.
Under the new draft, members of the press could also be charged with a crime for insulting dead people and provoking people to rise up against a legitimate administration.
Some of the articles of the new draft allow for a great deal of leeway in their interpretation.
Article 308, for example, calls for a fine of up to Rp 30 million ($3,300) or a one-year jail term for anyone spreading "dubious, exaggerated or incomplete news" that could cause a social disturbance.
Members of the press also could face criminal charges for moral offenses, especially the publication of pornography, although the definition of what constitutes pornography remains vague.
The articles on pornography, for instance, ban the media from publishing or screening films, writing, pictures and paintings containing "certain sensual body parts of adults". This implies pictures of scantily clad actors or runway models will no longer be allowed.
These articles do not target only the press, but also filmmakers, music composers, other artists and even Internet bloggers.
Lawyer and press freedom advocate Hinca Panjaitan said these 49 articles in the draft of the new Criminal Code should not be aimed at the media because the country already had the Press Law.
"Let the articles be, but add one more article saying that these articles do not target the press.
"We will criticize the draft and ask the House of Representatives not to approve it unless it is revised," said Hinca, a member of the Press Council.