• The purpose of Law: Good Governance The law is NOT to oppress / punish people, but to PROTECT (The law is there to protect, not to Punish)• There simply is NOT a guarantee protection ( legislation just right,) because all legislation is a political product• The press law: to guarantee and protect freedom of speech.• Freedom of speech allows for control of power• Freedom of speech allows for horizontal dialogue between citizens
WHY ?Without freedom of speech: No control / supervision against the government. People do not know what the government doing Power becomes arbitrary - arbitrary Leads to oppression
International LawUniversal Declaration of Human Rights (the Universal Declaration of Human Rights 1948)Article 19: Every person has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of the boundaries (region).
Convention on the Rights of the Civil & Political Rights (The International Convention on Civil & Political Rights, 1966)
Article 28 F of the 1945 Constitution the amendment: Every person has the right to communicate and obtain information to develop personal and social environment, and is entitled to seek to obtain, possess, store, process and convey information by using all available channels.
TAP MPR XVII of 1998 on Human Rights Article 20 Every person has the right to communicate and obtain information to develop personal and social environment. Article 21 Every person has the right to seek, obtain, possess, store, process and convey information by using all available channels.
Human Rights Act Article 23 (2) Everyone is free to have, issue and disseminate appropriate conscience opinion, orally or in writing through print and electronic media with respect to religious values, morals, public order, public interest, and unity of the nation
Indonesia Press LawLaw (UU) No. 11 1966 (concerning the provisions of the Press-Basic Provisions ) Law No. 4 /1967 Law No 21 /1982Law No 40 /1999Law No 32 /2002Law No 14 /2008
Press – Pre ReformationThere SIUPP (Business License Publishing Press). SIUPP be revoked, popular with the term BREIDEL ( INDONESIA RAYA, TEMPO, DETIK, MONITOR) Press under pressure Cooptation power of the press Terror and violence against journalists
Press- post reformationLaw no. 40 Year 1999 About the Press No more SIUPP to establish a press companyPRESS Act has not been fully used Still used the Penal Law
Press TerminologyPress: Social institutions and mass communication media that carry out journalistic activities include the search for, acquire, possess, store, process and convey information in writing, sound, pictures, and graphics data as well as in other forms by using the print media, electronic media and all types of channels Available
Press Corporation: Indonesian Legal Entity that carries out the business press covering the company print media, electronic media and news agencies, as well as other media companies that are specifically organized, broadcast or distribute information. (Article 1 (2))
News Agency : Press company serving the print media, electronic media, or other media and the general public in obtaining information (Antara/ Reuter / ApTV / TASS / Bernama etc ) Reporter: People who regularly carry out journalistic activities. Press Organization: The organization Reporters (PWI, AJI, IJTI, etc)
National Press: The press conference held Indonesian company Foreign Press: The press conference held by foreign companies Q: What about PLAYBOY INDONESIA? ROLLING STONE?
Censorship: cutting / editing in part or whole of material information to be published or broadcast, the act of warning / warnings that are threatened of any party, and / or mandatory reporting and obtaining permission from the authorities in the implementation of journalistic activities
Prohibition: Cessation of publication and circulation or broadcast by force or unlawfully (closing down the magazine TEMPO & THE EDITOR)
Hak TolakRight to Reject: The right Journalist by profession, to refuse to disclose the names and other identities of news sources that must be secret
Hak JawabRight Answer right of a person u / provide rebuttal or response in the form of fact that harm his good name.
Hak KoreksiRights Amendments: Everyone has rights to correct misinformation that was reported by the press, both about themselves and about others
Kewajiban KoreksiLiability Correction The requirement to make corrections on any information, data, facts, opinions, or images that have been reported / published by the press.
Press freedomPress freedom is one manifestation of popular sovereignty which is based on the principles of democracy, justice and the rule of law
Three Principles:DEMOCRACY, JUSTICE, AND SUPREMACY OF LAW
DiscussionHAVE PRESS INDONESIA: DEMOCRATIC? Justice? Rule of Law?
FunctionsNational Press Functions: Media Information Media Education Media Entertainment Social Control (Control Society The press can serve as an economic institution (Article 3 (2)) Managed according to economic principles for employee welfare. Not ignore its social function. Ex: Advertising, Commercial Break etc.
Press FreedomPress freedom is a human right of citizens (Ps. 4 (1)) Right To Know (Right to know) Right to Obtain Information Freedom of Speech (Freedom of speech and expression)
Press freedomPeoples Sovereignty Rights (the people) To Know, Opinion & Get Information Press Freedom Democracy, Justice, Rule of Law
Censorship & BreidelNot Imposed Against Censorship National Press, prohibition, or prohibition on broadcasting. (Ps. 4 (2)) [Breidel ever hit the national press, Harian Indonesia Raya Cases of corruption in Pertamina,TEMPO Magazine, Tabloid DETIK Ship Purchases involving ex-German, policy of President BJ Habibie )
IndependenceTo ensure the independence of the press, national press has the right to seek, obtain and convey ideas and information. (Article 4 (3)) So not only information, but also IDEA. Eg: Editorial
Hak TolakIn the news accountable before the law, journalists have the right to refuse to give information. (Article 4 (4)) Objectives Reject Rights: Protecting the interests of Information Resources. Rights can be used if the reporter questioned by officials or investigators and asked to be witnesses in court. Rights are not absolute decline, therefore can be undone: For the benefit and safety of the state or public order declared by a court
Hak TolakRights can be used if the reporter questioned by officials or investigators and asked to be witnesses in court. Rights are not absolute decline, therefore can be undone: For the benefit and safety of the state or public order declared by a court
Case studyMeatball Mice, false Shampoo, siphoned gas canisters, fake degree, doctor’s abortion, illegal prostitution Perpetrators of identity is protected by changing the sound, blurring the face, taking pictures with special effect technique. Should journalists inform the public and investigators?
ObligationPublishing events and opinions with respect for religious norms and sense of decency of society and the principle of presumption of innocence (presumption of innocent)
Religious norms, Social norms, Presumption of Innocent News
Religious norms, Social norms, Presumption of Innocent News
DISCUSSIONHas the Indonesian press to accommodate:Religion and social’s norms? Public decency? Rule of Law Where, when?
The right answerServing the Right Answer Mandatory Release right of a person to provide rebuttal or adverse response in the form of fact his good name. Mandatory Release Correction Rights Serving ones right to correct / fix errors as reported by the press information either about themselves or about others.
Press Law Meet the publics right to know. Uphold the basic values of democracy, promote the rule of law, and human rights and respect for diversity (pluralism). Developing a common opinion based on accurate information, accurate and true. Supervise, criticism, corrections, and suggestions on matters relating to public interest (public interest). Struggle for justice and truth (truth and justice).
Accurate InformationValidity of Data Source must be tested Informant who is credible, competent. News is fit to print Check & Re-CheckVerification
DiscussionGossips? Rumors? Privacy vs. the Public Interest ? Artist is Public Figure (really?)
JournalistFree to choose journalism organizations has and abides by the Code of Ethics of Journalism Explanation of Law: Journalistic Ethics: Code of conduct agreed upon and set by the organization board of Press Council
Discussion?What if the reporter chose not to join any organization journalist? What Code of Ethics to wear? Do have and adhere to the Code of Ethics of Journalism is an obligation?
JournalistIn Implementing profession reporter gets legal protection (Article 8) Explanation of Law: The term "legal protection" is a guaranteed protection of the Government and or the community told reporters in carrying out the functions, rights, obligations, and its role in accordance with the provisions of the legislation in force.
Press CompaniesThose entitled to establish Company Press only: A citizen of Indonesia (WNI) and State Company press release should be incorporated in Indonesia (Limited Liability Company, etc.)
Journalist as a employeePress Corporation provides welfare to journalists and press workers in the form: Ownership of shares and / or; Net income Other forms of welfare: increased salaries, bonuses, insurance etc. Giving to the agreement between management and journalists and press workers. Note: The formulation of Article 10 does not expressly require the Press Company to provide welfare to the journalists and press workers.
Critical Note: The formulation of Article 10 does not expressly require the Press Company to provide welfare to the journalists and press workers. Foreign capital can enter the company through the capital market press is restricted so as not to reach a majority stake (≥ 51%) Press Company must publish the name, address, person in charge openly through the media concerned. Specifically for the issuance of the press coupled with the name and address printing.