The following is a statement from the Alliance of Independent Journalists (AJI), a SEAPA founding member based in Jakarta, Indonesia:
The year 2008 has not been a bright year for press freedom in Indonesia. Ten years since the introduction of reforms, freedom of expression in the country has been threatened again by a host of new legislations. Several legislative bills that have a direct bearing on the media have been passed by the government, including the Law No. 10 Year 2008 on General Elections, the Law No. 11 Year 2008 on Electronic Information and Transaction (ITE), the Law No. 14 Year 2008 on Freedom to Access Public Information (KMIP) and the Law No. 44 Year 2008 on Pornography.
The Law on General Elections contains regulations on news publications. Article 99 of the Law No. 10 Year 2008 on General Elections provided for a censorship body that can temporarily halt a broadcasting program, reduce the duration and time of news broadcasts, impose fines, freeze a TV program, and revoke broadcasting and publication licenses, among others. Various forms of media control, including closure of media outlets, violate the principles of press freedom.
The passage of the Law No. 11 Year 2008 on ITE hinted at further progress in regulating electronic transactions. The law also becomes a legal umbrella for Indonesian electronic transactions. The ITE Law, however, has raised concerns among journalists because it carries a six-year prison term for online defamation. Rather than eliminating criminal defamation, the ITE Law carries a prison term that is six times higher than that of the Criminal Code for a similar offense.
Law No. 14 Year 2008 provides legal guarantee for the public to access public information, which had always been regarded as state secret. However, it still contains weaknesses, including a one-year jail term for the public who uses public information, which is exempted in the law as stipulated in Article 51. A threat against information users is not right because such a threat should only be directed to those who leak the information.
The controversial Law No. 44 Year 2008 on Pornography also contains potential threats for press freedom. The Pornography Law carries heavy jail terms. Criminal sanctions in this law, once again, will become a legal mine for the press. Journalists can be sent to jail in accordance to this law, even as the law's definition of pornography remains vague.
The year just past was also colored by judicial tragedies involving the press in Indonesia. These include the lawsuit of P.T. Asian Agri against Tempo magazine, the lawsuit of P.T. Riau Andalas Pulp and Papers against Koran Tempo, the criminal charges filed against freelance columnist Bersihar Lubis in Depok, the lawsuit of Munarman against Tempo magazine and Koran Tempo, and criminal charges filed against Upi Asmaradhana in Makassar.
The mechanisms of the Rights to Respond and mediation at the Press Council have not been maximally utilized by those who felt harmed by media reports. According to the Law No. 40 Year 1999, those who feel harmed by news reports can use their Rights to Respond. If no response was received, alleged victims can file complaints and avail of a mediation channel through the Press Council. Seeking a settlement in court shall be the last resort if the mechanisms reach a deadlock.
It must be indeed admitted that the Indonesian press is still weak in matters of professionalism and ethics enforcement. Various mistakes made in news reports that include inaccuracy, verification of facts, covering both sides of the issue, etc. remain. Ethic violations, such as receiving bribes and not respecting news sources, also still frequently happen. However, such mistakes should be settled through mechanisms regulated by the Law No. 40 Year 1999 on the Press.
Much worse, violent acts were committed against journalists in the country in 2008. According to AJI Indonesia, 60 cases of violence were recorded in the year just past. The violent acts included: physical assaults (21 cases), threats (19 cases), expulsion and prohibition to cover news events (nine cases), lawsuits (six cases), censorship (three cases), protests (one case) and hostage-taking (one case).
Perpetrators of the cases came from various groups. They include: Supporters of a candidate during regional elections (20 cases), government apparatus (11 cases), police officers (11 cases), members of the Indonesian Armed Forces (eight cases), judges (three cases), nongovernmental organization activists (two cases), unidentified persons (four cases) and thugs (one case). The most dangerous areas for journalists during their coverage in 2008 were: Gorontalo (11 cases of violence), Jakarta (nine cases) and Ternate (four).
It is really saddening that 10 years after reforms were introduced in the country, Indonesia's press freedom index continued to go down. According to an annual report by Reporters Sans Frontieres, a journalists' organization that advocates press freedom worldwide, Indonesia's press freedom index this year declined from the 100th position last year to 111th this year. So far, the index of press freedom has been trusted by international public as a standard of democracy in a country.
Looking back to the 2008 record, AJI Indonesia issued the following statements:
1. That the government and the House of Representatives (DPR) shall not produce new legal products that control press freedom. Press freedom is a public right protected by the 1945 Constitution;
2. That those who felt harmed by the press must use the Rights to Respond and file a complaint with the Press Council. Filing police reports and lawsuits should be the last resort if the two mechanisms of press-related dispute settlement reach a deadlock;
3. That the public should not to hamper journalists from performing their assigned tasks, particularly by using violence to block news coverage or publication. Violence against the press is not only a criminal act but also violates the public's right to access information.
