Who decides on how far journalists can go?
<p>Who decides on how far journalists can go?</p><p>By Imanuddin</p><p> JAKARTA (JP): Who's to decide on how far journalists can go
before their work becomes an intrusion into the private lives of
people? Where do you draw the line when their work is considered
a violation of individuals' rights to privacy?</p><p>These are some of the questions being asked by legal experts
and senior editors as the police prepare dossiers against two
reporters of the Sinar magazine who were caught trespassing on
the property of Rachmawati Soekarnoputri, a daughter of former
president Sukarno, in Jakarta last week.</p><p>Rachmawati, who is involved in a marital dispute with her
husband, is pressing charges against the two reporters for
"snooping" around her home when she had a guest.</p><p>Sinar's editors have defended their reporters, saying they
were doing their journalistic work and they had the approval of
Rachmawati's estranged husband, part-owner of the house.</p><p>Some experts agree that the line between journalists' rights
to inform and individuals' rights to privacy is difficult to
determine.</p><p>Interviewed separately, Loebby Loqman, a professor of criminal
law at the University of Indonesia in Jakarta; Andi Muis, a
professor of communication law at the Hasanuddin University in
Ujung Pandang, South Sulawesi; and Mochtar Lubis, former chief
editor of the defunct Indonesia Raya daily, all agreed that the
case should be brought to court for a legal solution.</p><p>"The journalists' rights to conduct investigative reporting
should be evaluated and disclosed in court," Loebby said.</p><p>Although they have certain privileges in their work,
journalists still have to observe some norms, he said. "There are
certain individual rights of the sources of information that
journalists have to respect."</p><p>Loebby said the Indonesian Journalists' Association should
hold its own investigation to verify the circumstances and take
action against the journalists if it is found they had violated
the journalists' code of ethics.</p><p>Andi Muis, who is also a visiting professor on communication
law at the post-graduate study of the University of Indonesia,
shared Loebby's view about the importance of the case being
settled in court.</p><p>"The court's decision will clarify the journalists' rights to
conduct investigations in relation to the information sources'
privileges," he said.</p><p>Andi said articles 2 and 3 of the Law No. 21/1982 on press
regulation recognize journalists' rights to exercise social
control, to criticize and to provide constructive correction.</p><p>"In terms of the journalists' code of ethics and press law,
the journalists' actions were not wrong," he said.</p><p>He pointed out, however, that the criminal code also
recognizes an individual's right to accept or reject requests for
interviews or to be photographed by journalists.</p><p>Andi believed that the press law should take precedent over
the criminal law. "Press freedom must not be disturbed by the
inflexible implementation of the criminal law," he said.</p><p>Mochtar Lubis said that if the case went to court, the
decision could become a landmark in determining the extent of
journalists' freedom in conducting investigations. "The court
ruling can become a jurisprudence in the Indonesian law history."</p><p>Mochtar agreed that the criminal law should not deny
journalists their freedom to carry out investigations.</p><p>"It is a common thing for a journalist to approach an
information source for an interview," said the senior journalist.</p><p>"The source has every right to accept or reject requests for
an interview," he said, adding that journalists are obliged to
respect the source's response, whatever that is.</p><p>Minister of Information Harmoko, himself a former journalist,
said on Tuesday that the Sinar case has further exposed the weak
legal protection Indonesian journalists have.</p><p>He implored the Indonesian Journalists' Association to make a
draft on ways of ensuring greater protection for journalists.</p><p>He cited several other cases in which journalists were even
beaten and tortured while on the job.</p><p>Harmoko agreed that the association should conduct an
investigation into the affair and punish the reporters if it is
proven that they acted unethically.</p>
before their work becomes an intrusion into the private lives of
people? Where do you draw the line when their work is considered
a violation of individuals' rights to privacy?</p><p>These are some of the questions being asked by legal experts
and senior editors as the police prepare dossiers against two
reporters of the Sinar magazine who were caught trespassing on
the property of Rachmawati Soekarnoputri, a daughter of former
president Sukarno, in Jakarta last week.</p><p>Rachmawati, who is involved in a marital dispute with her
husband, is pressing charges against the two reporters for
"snooping" around her home when she had a guest.</p><p>Sinar's editors have defended their reporters, saying they
were doing their journalistic work and they had the approval of
Rachmawati's estranged husband, part-owner of the house.</p><p>Some experts agree that the line between journalists' rights
to inform and individuals' rights to privacy is difficult to
determine.</p><p>Interviewed separately, Loebby Loqman, a professor of criminal
law at the University of Indonesia in Jakarta; Andi Muis, a
professor of communication law at the Hasanuddin University in
Ujung Pandang, South Sulawesi; and Mochtar Lubis, former chief
editor of the defunct Indonesia Raya daily, all agreed that the
case should be brought to court for a legal solution.</p><p>"The journalists' rights to conduct investigative reporting
should be evaluated and disclosed in court," Loebby said.</p><p>Although they have certain privileges in their work,
journalists still have to observe some norms, he said. "There are
certain individual rights of the sources of information that
journalists have to respect."</p><p>Loebby said the Indonesian Journalists' Association should
hold its own investigation to verify the circumstances and take
action against the journalists if it is found they had violated
the journalists' code of ethics.</p><p>Andi Muis, who is also a visiting professor on communication
law at the post-graduate study of the University of Indonesia,
shared Loebby's view about the importance of the case being
settled in court.</p><p>"The court's decision will clarify the journalists' rights to
conduct investigations in relation to the information sources'
privileges," he said.</p><p>Andi said articles 2 and 3 of the Law No. 21/1982 on press
regulation recognize journalists' rights to exercise social
control, to criticize and to provide constructive correction.</p><p>"In terms of the journalists' code of ethics and press law,
the journalists' actions were not wrong," he said.</p><p>He pointed out, however, that the criminal code also
recognizes an individual's right to accept or reject requests for
interviews or to be photographed by journalists.</p><p>Andi believed that the press law should take precedent over
the criminal law. "Press freedom must not be disturbed by the
inflexible implementation of the criminal law," he said.</p><p>Mochtar Lubis said that if the case went to court, the
decision could become a landmark in determining the extent of
journalists' freedom in conducting investigations. "The court
ruling can become a jurisprudence in the Indonesian law history."</p><p>Mochtar agreed that the criminal law should not deny
journalists their freedom to carry out investigations.</p><p>"It is a common thing for a journalist to approach an
information source for an interview," said the senior journalist.</p><p>"The source has every right to accept or reject requests for
an interview," he said, adding that journalists are obliged to
respect the source's response, whatever that is.</p><p>Minister of Information Harmoko, himself a former journalist,
said on Tuesday that the Sinar case has further exposed the weak
legal protection Indonesian journalists have.</p><p>He implored the Indonesian Journalists' Association to make a
draft on ways of ensuring greater protection for journalists.</p><p>He cited several other cases in which journalists were even
beaten and tortured while on the job.</p><p>Harmoko agreed that the association should conduct an
investigation into the affair and punish the reporters if it is
proven that they acted unethically.</p>