Press freedom in Indonesia
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enterprises, has been revoked by the present minister of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.