Press freedom in Indonesia

By A.Muis

UJUNGPANDANG (JP): Shortly after the resignation of president Soeharto, the reform movement pioneered by the students throughout Indonesia -- and fully seconded by the press -- has also touched on the national press law. The notorious, dreaded regulation No. 1/1984, issued by former minister of information Harmoko and concerning cancellation of licenses of press enterprises, has been revoked by the present minister of information, Muhammad Yunus, in new regulation No. 1/1998.

The former press decree implemented Article 13, paragraph 5, of Press Law No. 11/ 1966, stipulating that press enterprises should possess licenses. The law has been successively revised with law No.4/1967 and the law No. 21/ 1984.

Revocation of the law should lead to accountability before the law. In other words, if news articles violate the law, that is, are considered libelous, the editor or the reporter should stand trial.

In the meantime, questions remain as to whether everybody may publish newspapers and magazines without licenses. Even in other developing countries with more liberal environments, like Malaysia, press enterprises must possess licenses which must be renewed every year.

The information minister's regulation No. 01/1984 paragraph 33 deals with the mode of enterprise, while the second, consisting of paragraph 33h, deals with the code of publication that is news materials.

This paragraph stipulates that the license of press enterprises can be canceled by the minister of information after the minister consults the press council, and if it is in accordance with the council's evaluation that the press enterprise concerned in the implementation of its publication no longer reflects a healthy, free and responsible press. What is meant by the phrase is nothing more than what is called "The Pancasila Press".

The regulation is equal to press harnessing which is forbidden by Article 4 of the press law. Dozens of newspapers and magazines have become victims of the regulation. Among them was the prestigious weekly magazine Tempo, which had its license canceled by the minister of information in 1994.

Unfortunately, the Supreme Court affirmed the information minister's decision in its verdict on the case in 1996. Tempo in 1994 reported the case of some 12 ships imported from Germany by B.J. Habibie in his capacity as then minister of research and technology. Tempo said several ships were damaged.

In this new era, the new government of Indonesia has "reformed" the national press system in such a way that the press is expected to resume the freedom it had in 1945-1959. But other questions remain, like to what extent the national press of Indonesia has really regained its freedom.

The answer may be rather dismal because there is still the law No. 1/ 1995 Article 117 paragraph 1 (a) concerning the authority of a court to close down a limited company on the grounds of bringing damage to the public interest, after receiving a request from the attorney general. Most press enterprises of this country are limited companies.

In order to prevent press firms from being closed by the court, the limited company law should be revised accordingly, perhaps with the clarification that it is not applicable to press enterprises.

The writer is a professor of law and communication at Hasanuddin University in Ujungpandang, South Sulawesi, and postgraduate study at University of Indonesia, Jakarta.