Sat, 06 Nov 2004

Press and new information minister

Ignatius Haryanto , Jakarta

President Susilo Bambang Yudhoyono has assigned Sofyan A. Djalil as State Minister of Communications and Information. Sofyan holds a doctorate in international finance and capital marketing from the Fletcher School of Law and Diplomacy, as well as being a corporate communications consultant and an advisor with the Ministry of Justice and Human Rights.

Since the inauguration of the new Cabinet, Sofyan Djalil has appeared as a government spokesman -- or, more accurately, as a spokesman of the President -- who briefs reporters on the outcome of Cabinet meetings, and on other presidential activities.

The role of spokesman is suited to Sofyan because of the role of his ministry. However, naturally other tasks demand the new minister's attention.

Much work has been left incomplete by the previous ministry, for instance, the Freedom of Information bill. Its deliberation by the House of Representatives (DPR) was concluded, but it still needs to be discussed with the executive branch of government before it is passed into law.

Also, the ministry needs to develop mutual understanding among bodies that govern the media, such as the Press Council and the Indonesian Broadcasting Commission (KPI). The previous minister, Sjamsul Muarif seemed reluctant to communicate with those bodies, as the Press Council and the KPI acted independently to govern the media and to mediate in the event of complaints against it.

A united vision is needed if these governing bodies are to perform optimally, and without too much state intervention. The KPI and the Press Council are state bodies, and both are elected independently by the House. They need the support of the state, for instance, in the form of modest funds and other facilities, to ensure that they run effectively.

Several disputes with the media show that using such governing bodies to tackle media complaints is more effective and dignified -- both for the media and those who feel they have been wronged by the media.

It would also be useful for the minister to open dialogs with non-governmental organizations, journalists' organizations, universities, research institutes and other stakeholders.

Concerning media laws -- the Press Law and the Broadcasting Law -- the new minister is expected to study them carefully to balance the interests of maintaining media freedom, the public's right to information, and the state's involvement in governing bodies, to prevent big media industries from monopolizing the airwaves.

The current media laws still do not satisfy all media stakeholders, with differing opinions as to whether the Press Law should be regarded as a lex specialis (special law), or lex generalis (common law). While media community insists that the law as special law should be used in settling any disputes between the media and third parties, courts prefer to use it as a common law.

However, the revision of the current Press Law would not be the best option now, since that would create uncertainty.

In short, we hope that the communications and information ministry does not become the embodiment of the department of propaganda that it was under Soeharto.

The writer is a researcher and vice executive director of the Institute for Press and Development Studies in Jakarta. He can be reached at ignh@yahoo.com.