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The Threat from Within
                             2010 Annual Report of the Alliance of Independent Journalists




The Threat is from Inside FA.indd 1                                                          8/24/2010 11:33:25 AM
The Threat from Within
                       2010 Annual Report of the Alliance of Independent Journalists

                       Writer: Abdul Manan
                       Editor: Andrew Thornley
                       Cover dan Lay Out: J!DSG, www.jabrik.com

                       Publisher:
                       The Alliance of Independent Journalists
                       Jl. Kembang Raya No. 6 Kwitang Senen Jakarta Pusat 10420
                       Email: sekretariatnya_aji@yahoo.com
                       Website: www.ajiindonesia.org
                       Cetakan: Jakarta, Agustus 2010




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Contents




                             Introduction................................................................................................................................................................ 5

                             Chapter I: Is it the Beginning of a Harsh Winter for Media Workers?.................................................. 7
                             A Short History of Media Workers Unions . .................................................................................................................. 8
                             Indosiar Case and Subsequent Demonstration............................................................................................................. 9
                                                                            .
                             Union Busting of Suara Pembaruan....................................................................................................11

                             Chapter II: Not Dark, But Still A Blur .................................................................................................... 13
                             Molotov Terror against Media.................................................................................................................................... 17
                             The Murder of Prabangsa and the ‘New’ Deadliest Country........................................................................................ 19
                             Jakarta’s Fluctuating Statistics and Red Report Card. ................................................................................................. 21
                                                                                           .
                             2010 as a Good Beginning? ..................................................................................................................................... 24
                             Seven Media and the News of a Gambling Case ....................................................................................................... 26

                             Chapter III: Freed from the Storm of Crisis . ........................................................................................ 35
                             Advertising and the Optimism to Look at the Future. ................................................................................................. 36
                                                                                    .
                             The increasing number of media which are not as fast as circulation ......................................................................... 40
                             The Trend of TV, Radio, and Internet Advertising......................................................................................................... 42

                             Chapter IV: The Portrait of Indonesian Press Ethics............................................................................. 45
                             Infotainment and “its divorce” with Journalism.......................................................................................................... 46
                             Two interpretations on the rise of complaints to the Press Council.............................................................................. 49

                             Annex
                             Cases of Violance against Journalists (2009).............................................................................................................. 53
                             Journalists Who Died and are Missing in Indonesia (1996-2010) ............................................................................... 59
                             Address the Alliance of Independent Journalists (aji)................................................................................................. 61




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Tabel Contents




                       Table 2.1 	 Supporting Environment for Press Freedom ............................................................................................. 15

                       Table 2.2 	 Anatomy of 2009 Violence Cases............................................................................................................. 22

                       Table 2.3 	 The Ranking of Red Categorized Provinces (2007-2009)........................................................................... 23

                       Table 3.1 	 Media Advertising Revenue (2005-2010)................................................................................................. 36

                       Table 3.2 	 The Advertising Revenue in the First Quarter of 1999 to 2010.................................................................. 38

                       Table 3.3 	 The Advertising Revenue in First Quarter of 2010 Compared to the Previous Quarter ............................... 38

                       Table 3.4 	 Main Media Advertising Revenue
                       	           (newspaper, magazine, television, internet, outdoor media) in US$ Million................................................ 39

                       Table 3.5 	 Global advertising expenditure by medium US$ million,
                       	           current prices Currency conversion at 2007 average rates......................................................................... 40

                       Table 3.6 	 Share of Total Advertising expenditure by Medium 2006-2010 (%)........................................................... 40

                       Table 3.7 	 The Growth of Number of Media and Circulation (2008 – 2010).............................................................. 41

                       Table 3.8 	 10 biggest cities based on circulation figures (2010)................................................................................ 41
                                                                                        .

                       Table 3.9 	 Media statistics....................................................................................................................................... 42
                                                   .

                       Table 3.10	 The Growth of Internet Users in Indonesia (2000-2010)........................................................................... 44

                       Table 4.1 	 Public Complaints to the Press Council (2007-2009)................................................................................ 50




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Introduction




                                 THE world of journalism in Indonesia today has become sharper in facing the
                             contradiction of freedom and social responsibility. In the midst of the victory of press
                             freedom over the last decade, we are witnessing a sharp focus on the “responsibility” of
                             media ethics as a means of freedom of expression.
                                 From 442 complaints to the Press Council in 2009, written or oral, the matter of violation
                             of ethics has become important. Sensational news coverage, which twists the facts, as well
                             as the weakness in accuracy of media reports, have become of serious note for the Press
                             Council. This includes the blurring of the line between “fact” and “gossip” in a number of
                             mass media products.
                                 During ten years of reform, a large opportunity has been open for anyone establishing
                             media and conducting journalistic work. Thus, we see that the media industry is growing,
                             the way of communication has become more advanced, and that competition also seems
                             more exciting.
                                 On the other side, the attitude of the profit-orientated media industry has given journalism
                             a bad reputation. We see how competition for ratings and circulation indeed threaten the
                             heart of the media: credibility.
                                  Needless to say, it is not a problem that competition increases circulation, ratings, or
                             visits. The problem is: has competition resulted in the increase of journalism quality? Media
                             businesses are greedy for profit, and justify their various ways with “as long as it sells”, which
                             can end with the gambling of public trust in those media. If credibility is at stake, then
                             qualified journalism should be the answer.
                                 This 2010 AJI Annual Report, which is published each year to coincide with the
                             celebration of the organization’s birth, on August 7, tries to record the dynamics of the
                             national press. From August 2009 until the middle of 2010, AJI has noted many important
                             things.
                                Although Indonesia is often praised as having the best press freedom in South East
                             Asia, our ranking is still low. The ranking of press freedom in Indonesia, for example, is still
                             decreasing in 2010. Reporters sans Frontieres (RSF), a nonprofit institution based in Paris,
                             ranked Indonesia 57th in 2002, which then greatly decreased to 117th (in 2004). Up until
                             2010, Indonesia cannot reach the top 100 again.
                                      The decreasing of Indonesia’s position, according to RSF, is because the Indonesian

                                                                                                                              5




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The Threat from Within




                       government still uses “outdated laws” against the press. In South East Asia today, Indonesia’s
                       ranking is below Papua New Guinea and Timor Leste. Following, in terms of ranking, are
                       Cambodia, the Philippines, Thailand, Malaysia, Singapore, Brunei Darussalam, Vietnam,
                       Laos, and Burma.
                           In 2009, for example, we almost got “a nightmare” should the State Secrets Bill have
                       been endorsed by the DPR. That is because the Bill threatens room for openness, which
                       is guaranteed by the Law on the Openness of Public Information. Moreover, cases of
                       defamation and violence against journalists are still stuck in the last year.
                           On the other hand, we also see how Indonesia is affected by global crises. Their affects have
                       not been as dramatic as in America or Europe. The print media in Indonesia still can survive.
                       Media business statistics in 2007-2010 showed that there were no negative symptoms in the
                       national newspaper industry, although there was no significant leap in circulation.
                           Serious concern needs to be directed to the dramatic growth of social media through
                       internet networks in Indonesia, such as Facebook, and Twitter microblogs. As of March 2010,
                       there are 19.5 millions users of Facebook in Indonesia. At the end of 2008, that medium was
                       only reaching 200,000 users across the archipelago.
                          In November 2009, there were about 1.4 million users of Twitter in Indonesia. Today,
                       Google Ad Planner notes 4.6 million visitors of Twitter in Indonesia. Of course, these social
                       media have become more important because the ability in information distribution is fast
                       and massive. Indeed, the content of the mainstream media is also using this facility.
                           One important note is that the social media have become new media for information
                       exchange. It is no longer one-way as with traditional “journalism”. Through the internet, a
                       piece of information can skyrocket to every corner of the world, or also be flung. It can be
                       counterbalanced, opposed, or forgotten.
                           Indeed, the upheaval of social media, for example, is welcomed today by the mainstream
                       media. And, it can be vice versa. From political matters such as Bibit-Chandra to the case
                       of the pornographic video of famous celebrities Ariel-Luna-Tari, those work in this new
                       pattern. The development of information technology also forces “old media” to be side by
                       side with “new media”.
                           This year, as in previous years, Indonesia has noted a lot of things from the dynamic
                       of development. Nowadays, information has a new way to live and thrive. It is absolutely
                       important to look for a kind of “virtue”, or what benefit can be derived by the public from
                       those new media.
                           Although the world of information technology changes, there is one thing that remains
                       constant: “content is king”. This means that the public, which is now enjoying great authority—
                       including freedom of expression in social media—will determine which journalism is
                       qualified, or not qualified. The most trusted journalistic work, which represents common
                       sense (logic) and the public’s feeling (ethics), will by itself pass that complicated test.


                              Nezar Patria
                              President, Alliance of Independent Journalists

                       6




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Chapter I
                             Is it the Beginning of a Harsh Winter 		
                             for Media Workers?




                             •	 A Short History of Media Workers
                             •	 Union Indosiar Case and After that Demonstration
                             •	 Union Busting of Suara Pembaruan

                                 MEDIA workers nowadays are facing a different challenge from previous generations.
                             Media workers not only face threatening regulations or outsiders like officials and a particular
                             group of society. Media workers often face a threat from inside, as from the management
                             or the capital owner. Often, the capital owner tries to inject personal interests or business
                             relations and politics to disturb the independence of the newsroom. Another problem is that
                             the capital owner also often practices anti-union actions or union busting.
                                 The Alliance of Independent Journalists has actually long detected the danger from “the
                             inside”. Born as a resistance against the government’s repression in 1994, AJI has made the
                             issue of a union and journalists’ welfare as the priority program in the 1997 Congress, when
                             AJI still operated clandestinely as an underground movement, because the New Order still
                             held power.
                                As a member of the International Federation of Journalists, which also made the issue
                             of media workers’ welfare as the main issue of the struggle, AJI also realizes that media
                             conglomeration that has occurred in the United States of America and Europe will, in turn,
                             occur in Indonesia. Like it or not, the coming of a media conglomeration era in Indonesia,
                             and its follow-on effects, is just a matter of time.
                                 When the crisis hit Indonesia in 1997, which ended up with mass termination of
                             employment, some Indonesian press workers began to realize the importance of welfare
                             issues, besides the press freedom issue itself. When mass media became an industry, some
                             workers begin to turn to the union as their forum to struggle for their rights as workers.
                             Although, admittedly, the media workers’ awareness to struggle for welfare through media
                             unions is very late compared with workers in other industrial sectors.
                                 The global financial crisis wagged its tail back to Indonesia in 2008. At that time, AJI was
                             anxiously waiting: don’t let the crisis, which led to mass termination of employment in some
                             places in the world, also sweep away the media industry in Indonesia. The anxiety was not
                             without reason. The result of AJI’s monitoring, from November 2008 to April 2009, revealed
                             that at least 100 media workers were fired. The number is increasing with time.

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                           Until the first semester of 2010, the Labor Union Division of the Alliance of Independent
                       Journalists recorded mass termination of employment, nuanced union busting (the
                       crackdown of labor unions), towards 217 workers of Indosiar television station. The mass
                       termination of employment was also experienced by 144 workers of Berita Kota daily after
                       the newspaper was acquired by the Kompas Gramedia Group (KKG). Besides that, there
                       were still about 50 workers of Suara Pembaruan evening daily and media groups from other
                       Lippo Group entities fired.
                          The mass termination of employment also haunted the television station employees of
                       ANTV. The General Chairman of ANTV Employee Union, Aries Budiono, stated that the
                       management of ANTV processed the termination of employment for about 100 employees.
                       “We received information that not more than 100 employees are in the mass layoffs. But,
                       until now, it keeps processing,” said Aries Budiono as quoted in Jurnalparlemen.com, on
                       March 17, 2010.


                       A Short History of Media Workers Unions
                           IT is not easy to find references about the history of the press industry in relation with
                       the life of media workers unions. Generally, the historical record of the Indonesian press
                       talks more about the struggle against tyranny, so that it touches less on aspects of economy,
                       welfare, and the labor union’s struggle.
                          The first press in Indonesia was Bataviasche Nouvelles, published in Batavia (1745). This
                       newspaper was published in the period of Willem Baron van Imhoff, General Governor of
                       VOC (1743-1750)1. But, the oldest reference to media workers unions newly emerged in the
                       1970s, when journalists in Tempo magazine established a Board of Employees. For example,
                       compare this with the establishment of the Nederland Indische Onderwys Genootschap
                       (NIOG) or Union of Dutch East Indies Teachers in 1879.
                           The young history of media workers unions in Indonesia definitely was not caused by a
                       lack of labour disputes in this industrial sector in earlier periods. According to David T. Hill2,
                       one of the rational explanations for limited labour disputes in mass media is because media
                       management has usually been owned by the senior editor – meaning that the owner and the
                       manager are the same person. This phenomenon does, at least, provide some explanation as
                       to why the labour issue did not resonate until the beginning of the New Order era.
                           Another reason is that the motivation of a person working in mass media is very different
                       to that of one who works in other industrial sectors. There was a spirit of idealism and
                       voluntarism shown by media workers in the years after independence, when this sector was
                       actually not only carrying out “idealism”, due to the arrival of capital interests.
                          After the birth of the Board of Tempo Employees, around 14 years later there emerged
                       other similar organizations. They were: Kerukunan Warga Karyawan Bisnis Indonesia
                       (1992), Serikat Pekerja PT Bina Media Tenggara-Jakarta Post (1993), Dewan Karyawan
                       Forum (1997), and Dewan Karyawan PT Abdi Bangsa-Penerbit Republika (1997)3.

                       1 Abdurrahman Surjomihardjo and Leo Suryadinata, Pers di Indonesia: Ikhtisar Perkembangan Sampai 1945, in Beberapa Segi perkembangan Sejarah
                          
                          Pers di Indonesia, Kompas, 2002, pp. 25.
                       2 David T. Hill, Merenungkan Sejarah, Menghadapi Masa Depan, in Heru Hendratmoko (ed.), 5 tahun AJI: Tetap Independen, AJI, 1999, pp. 13.
                          
                       3 
                          Although the ”embryo” of the labor union was only in five media, this did not mean that others had no concern for the issue of welfare. It is only a


                       8




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Chapter I    Is it the Beginning of a Harsh Winter for Media Workers?




                                 The media workers union emerged after 1998, when the growth of media also reached
                             a previously unimagined number. From 1998 to 2002, there were 19 established labour
                             unions4. They were the Association of Kompas Employees, the Board of Tabloid KONTAN
                             Employees (1998); the Board of ANTV Labour, Surabaya Post’s Labour Union, the
                             Association of Solo Pos Employees (1999); Communication Forum of Pos Kota Employees
                             (2000); Labour Union of Detik.com, Labour Union of KBR 68H, Labour Union of Neraca
                             Daily, Association of Surya Group Employees, Forum of SWA Employees, SCTV Labour
                             Union, Association of Warta Kota Employment, Waspada’s Press Labour Union (2001);
                             Labour Union of Berita Kota, Board of Jake’s FM Workers, ANTARA’s Labour Union, and
                             Labour Union of Sinar Harapan (2002). Then, there was SP Serikat Pekerja Indosiar.
                                 However, if the comparison is between the amount of media and the emergence of
                             media workers unions recently, the amount of media workers unions is still far from ideal.
                             Just imagine, in the same period, the amount of publications grew from 289 in 1997 to 1,687
                             in 1999.
                                 In fact, seen from the side of need and relevance, the existence of media workers unions
                             in the reform era cannot be doubted anymore. Understandably, in this era, the role of capital
                             is also more strongly enforced in the media industry. The face of media companies is no
                             longer the same as in the previous era, when media were generally established and owned
                             by a few editors.
                                 After 1998, the ownership trend instead tended to focus to some conglomerates that
                             have no history in struggling for media independence and newsroom independence. What
                             has occurred is the centralization of media in the hands of people who have strong interests
                             in other business sectors. Media businesses operate according to the logic of capital: manage
                             to get a huge profit and maintain the business interests and the politics of the capital owner.
                             Since that, various problems of manpower are continuing to punish media workers, starting
                             from outsourcing, networking systems, contract labour systems, and the like.
                                 The awareness of ever-bigger challenges in addition to various complicated manpower
                             problems triggered the idea to form a federation of media workers unions. Facilitated by the
                             Alliance of Independent Journalists, on July 25 2009, eight media workers unions agreed
                             to join and establish the Federation of Independent Media Workers Unions. Those joining
                             this federation include: the Board of Tempo Employees, the Forum of SWA Employees,
                             the Forum of Smart FM Employees, the Labour Union of 68H, the Association of Solo
                             Employees, Sekar Indosiar, and the Association of RCTI Employees.


                             Indosiar Case and Subsequent Demonstration
                                  MONDAY, January 11, 2010. Hundreds of Indosiar employees held a demonstration
                             in front of their office, in Damai street, West Jakarta. “A lot of Indosiar employees who have
                             worked for five years still get a base salary below Rp 350,000. Overtime money on holidays


                               matter of the way, and the choice of strategy in struggle is different. Gatra Magazine established a cooperative in 1995. Long before, in 1978, there was
                               also Sinar Karya cooperative to handle the welfare of Suara Pembaruan Daily’s employees. Of course, a cooperative is not the same as a labor union.
                               The five media workers unions only in newspapers are still a small number, if compared with the amount of press that was published at that time. In
                               the 1970s, when the Board of Tempo’s Employees was established, there were at least more than 1,000 daily and weekly newspapers. The existence
                               of one labour union is clearly a very small number, because it is only more or less 1 % of the existing publishing.
                             4  ata based on the monitoring of Labor Union Division in AJI Indonesia, in 2006.
                               D


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                       is only Rp 40,000. It violates the Law on Employment,” said the Head of Sekar Indosiar, an
                       Employee Union, Dicky Irawan, in his oration.
                           The mass were in black Indosiar uniform, with red headbands on which were written
                       “Salary Increases”. They also brought a lot of posters, and among others were written, “6
                       Years No Salary Raise”, “Don’t Fool Us”, and “Where is Your Promise?” To complete the
                       action, the mass brought 29-inch TV sets with blur and no picture screen. The television was
                       covered with a poster, “15 Years of Indosiar.”
                          The demonstration happened after a proposal letter for salary raises sent by employees
                       was not replied to by the management. In a meeting with the employees’ representatives, the
                       board of Indosiar directors stated that they could not raise salaries.
                          From Damai street, the mass was then in a convoy to Wisma Indocement, on Jenderal
                       Sudirman street, which was Indosiar’s headquarters.
                           Actions on that day did not run smoothly. There was an effort to cut off the actions. But,
                       there was a bigger threat which had already obscured the protesters. After that demonstration,
                       some of Sekar Indosiar’s personnel got a letter of dismissal.
                           The activists of Sekar Indosiar did not accept the dismissal. Facilitated by Commission
                       IX of the DPR RI and the Labour Department of DKI Jakarta Province, Sekar negotiated
                       with the management of Indosiar. The result of the bipartite meeting on Thursday, February
                       18, 2010, on one hand gave a breath of fresh air to Indosiar’s employees. The management
                       promised to comply with all provisions in the law of employment. But, in front of members
                       of Commission IX of DPR, Indosiar management clearly stated that they would layoff 200
                       employees in the near future.
                           That nightmare became true on Wednesday, February 24, 2010. Some of Sekar Indosiar’s
                       members were called by Indosiar’s personnel department. They were forced to sign a letter
                       of dismissal under the guise of the company’s restructuring that led to rationalization.
                           Previously, the management offered a program of “withdrawal with honour” until
                       the deadline on February 12, 2010. Employees who took the program were promised an
                       additional bonus. However, the management made a special selection for that program.
                       Those who agreed generally were the members of Sekar Indosiar. The applicants who were
                       not Sekar’s members were never called, or their process would be very long. At the same
                       time, the management also suspended all administrators of Sekar Indosiar.
                           That unilateral management action forced Sekar Indosiar to seek legal action with a civil
                       claim against Indosiar’s management to the West Jakarta District Court. “The exception of
                       the defendant’s legal advisor is rejected, and the West Jakarta District Court is authorized to
                       adjudicate this case,” said the Chief Judge Jannes Aritonang when reading the verdict said
                       on last July 1, 2010. The applause from the attendance reverberated. A member of Sekar
                       Indosiar did a prostration of gratitude in the courtroom.
                           The judge made history. The union busting case had been in trial for the first time in the
                       public court. This judge’s decision became an important breakthrough in the trial of an anti-
                       union busting case. Usually, the public court judges rejected and stated the same claim as the
                       operational territory of the industrial relations tribunal.



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Chapter I   Is it the Beginning of a Harsh Winter for Media Workers?




                            Union Busting of Suara Pembaruan
                                THAT Thursday afternoon, on March 13, 2010, should be a turning point which gave
                            hope to Budi Laksono, a Chairman of Suara Pembaruan’s Labour Union.  The Industrial
                            Relations Tribunal (Pengadilan Hubungan Industrial/ PHI) of Jakarta decided that the
                            layoff case (PHK) by PT Media Interaksi Utama (MIU) toward Budi was unlawful and void
                            as a matter of law.
                                Budi, who had been working for 18 years in Suara Pembaruan, was fired shortly after
                            establishing a labor union in his office. A number of Suara Pembaruan’s employees agreed to
                            form a labor union to anticipate the management’s various plans, following the company’s
                            ownership status.
                                The reaction of the company’s management was as had been predicted by Budi and
                            friends. Management asked the employees who became the union’s administrators to choose
                            whether they joined with the labor union or stayed with the company. They who chose being
                            active in the labor union received sanction. Some of them were downgraded from editor to
                            reporter and some others had salaries lowered.
                                Budi and friends had complained about the management’s treatment to the East Jakarta
                            Department of Labor. Mediation in the Department of Labor favored Budi and his colleagues,
                            and demanded the company to re-employ them. But, the company did not comply with the
                            recommendation from the Department of Labor, until this case was finally brought to the
                            Industrial Relations Tribunal.
                                Budi was the last man standing in this case. Initially, Budi brought the union busting
                            case in Suara Pembaruan to the court with full support from about 30 of his fellow workers.
                            However, in the middle of the long series of court hearings, management kept approaching
                            Budi and friends. Management offered them severance pay as much as twice the statutory
                            provisions. One by one of Budi’s friends accepted the layoff offering and severance pay from
                            the company. When the judge lowered the gavel in the last hearing, there was only Budi who
                            stood still in the courtroom to fight for his rights as a worker.
                                When reading the verdict, the Chairman of panel of judges PHI Jakarta, Sapawi, stated
                            that the working relationship between PT MIU and Budi was not over yet. Budi had to be
                            re-employed as previously, as a reporter in Suara Pembaruan, an afternoon daily newspaper.
                            “The act of layoff is unlawful as a matter of law,” said Sapawi who was accompanied by two
                            judges.
                                According to the judge, the unilateral dismissal of Budi contravened the provision in
                            Law No. 13 of 2003 on Labor Affairs. Besides asking Budi to be rehired, the Panel of Judges
                            punished PT MIU to pay Budi’s salary since March 2009 and pay forced money (dwangsom)
                            in the amount of IDR 200.000 per day for negligence of Suara Pembaruan’s management.
                                Responding to the decision of the Panel of Judges, Budi Laksono felt relief. During this
                            time, the chairman of PT MIU always boasted that the company could not be defeated
                            because it had a lot of money. “Apparently, there is still justice in this country, which cannot
                            be bought. This decision breaks the company’s arrogance,” said Budi.
                                                                          lll




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The Threat from Within



                            BUDI’S long legal struggle resulted in a positive end. However, Budi’s effort to obtain his
                            rights still took a long time. It is because the company where he worked is adamant that the
                            termination complied with regulations. “We will appeal,” said the lawyer of Suara Pembaruan, Andi
                            Simangunsong, as quoted by Tempo Magazine, edition of March 29 to April 4, 2010.




                       12




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Chapter II
                            Not Dark, 										
                            But Still A Blur




                            •	     Molotov Terror against the Media
                            •	     The Murder of Prabangsa and The ‘New’ Deadliest Country
                            •	     Jakarta’s fluctuating Statistics and Red Report Card
                            •	     Seven Media and the News of Gambling Case
                            •	     Again and Again, Threatening Regulations

                                THE issue of a free press in Indonesia frequently becomes part of officials’ favorite rhetoric.
                            On some occasions, President Susilo Bambang Yudhoyono mentions the important role of
                            the Indonesian press. For example, when receiving the chairman of Globe Media Group,
                            the President mentioned that the Indonesian press was one of the freest presses in Asia1.
                            On another occasion, the President also mentioned that press was “a powerful element’.
                            However, the President also demanded that the press’ authority and power had to be used
                            properly, in a constructive way, and with full responsibility.
                                So then, are the President’s notes a hidden sign that there is something “inappropriate”
                            and “unconstructive” with our press recently? And, what do our officials have in mind when
                            they are talking about a free press? Is this based on some indicators that can be objectively
                            tested, or is it just a hasty judgment after seeing a number of realities regarding the Indonesian
                            press all this time? Certainly, only the President and governmental officials can definitely
                            answer this line of questions.
                                In fact, Indonesian Press regulations nowadays are indeed better than during the New
                            Order era. Since 1999, there has been no obligation for newspapers to have a license. In
                            the past, the license was named the Press Publication Business License (Surat Izin Usaha
                            Penerbitan Pers/ SIUPP), issued by the Ministry of Information. In addition, Law No.
                            40 of 1999 ensures that the press in Indonesia cannot be subjected to censorship and
                            banishment.



                            1 President: Indonesian Press is the Freest in Asia, in Antara, January 06, 2009. The news writer inaccurately interpreted Andi Malarangeng’s statement.
                              
                              Because, in the body of the news, Andi mentioned that the Indonesian press is one of the most free in Asia. If it was intentional, of course nothing
                              is wrong. Based on the data of Reporter Sans Frontiers (RSF) in 2008, Indonesia ranked 111, which was defeated by other Asian countries, such as
                              Timor Leste (ranking 65), South Korea (ranking 47), Taiwan (ranking 36), and Japan (ranking 29). In 2009, Indonesia’s ranking was better: 101. In Asia,
                              Indonesia’s position still could not defeat Timor Leste (74), Taiwan (59), Hongkong (48), and Japan (17). The Vice President Jusuf Kalla, in the open
                              dialog on “The Presidential candidate’s commitment to build press freedom”, in Jakarta, on June 22, 2009, also mentioned that the Indonesian press
                              was the best in Asia. See JK: Indonesia Press is the Most Free in Asia, Jakarta, in CyberNews, June 22, 2009.


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                           Nevertheless, government policies have not changed much, relatively, for television and
                       radio media. The license for broadcasting media is still required, because the two media,
                       television and radio, are using frequencies in very limited amounts and also including in the
                       public sphere. However, since the reform era, there are much more demands for broadcast
                       media licenses compared to the preceding era.
                           In broadcasting, one situation different from ten years ago is the existence of the Indonesian
                       Broadcasting Commission (Komisi Penyiaran Indonesia/ KPI). The Commission, which
                       was established in 2001, originally had the authority to issue licenses for broadcasting media.
                       Yet, the authority of the KPI for issuing licenses was discharged after this Commission was
                       involved in an authority dispute with the Ministry of Communication and Information. The
                       Constitutional Court, who judged that authority dispute, decided that the government had
                       the right to issue licenses for broadcast media. Finally, the Broadcasting Commission has
                       simply become more of a recommender—in addition to the function of supervising the
                       content of broadcasts.
                           Another fact indicating the era of free press is a tendency towards the increasing of
                       complaints to the Press Council regarding news coverage. Most of the public complaints
                       contain reports of alleged violations of the Journalistic Code of Ethics. From the practical
                       side of journalism, the amount of complaints to the Press Council reflects the amount
                       of violations to the code of ethics, which can also be regarded as the “inappropriate” and
                       “unconstructive” side of press freedom.
                            Even so, in terms of public awareness, the amount of complaints to the Press Council
                       can even be interpreted as something positive. Those trends can be read as the blossoming
                       of a new public trust towards a more elegant resolution of news coverage disputes. Law No.
                       40 of 1999 states how to resolve news coverage disputes in a “way unthreatening to press
                       freedom”, that is by using the right to reply, right of rectification, and mediation in the Press
                       Council.
                          In order to measure press freedom in Indonesia more accurately, let us take a look at
                       how the international rating agencies make a country’s rank of press freedom. The Freedom
                       House’s Board of Jury, for instance, formulates three primary conditions in measuring a
                       country’s press freedom. They are political environment, legal environment, and economic
                       environment. For more details, see the following table of questions.




                       14




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                            Table 2.1 Supporting Environment for Press Freedom

                                    LEGAL ENVIRONMENT                       POLITICAL ENVIRONMENT                   ECONOMIC ENVIRONMENT
                              1. Do the constitution or other basic
                                                                       1.  o what extent are media outlets’
                                                                           T                                     1.  o what extent are media owned
                                                                                                                    T
                                 laws contain provisions designed          news and information content             or controlled by the government,
                                 to protect freedom of the press           determined by the government or          and does this influence their
                                 and of expression, and are they           a particular partisan interest?          diversity of views?
                                 enforced?
                                                                        2. Is access to official or unofficial
                                                                                                                2. s media ownership transparent,
                                                                                                                    I
                              2. Do the penal code, security
                                                                          sources generally controlled?            thus allowing consumers to judge
                                 laws, or any other laws restrict                                                   the impartiality of the news?
                                 reporting, and are journalists         3. Is there official or unofficial
                                                                           
                                 punished under these laws?                censorship?                           3. s media ownership highly
                                                                                                                    I
                                                                                                                    concentrated, and does it
                              3.  re there penalties for libeling
                                 A                                      4. Do journalists practice self-
                                                                                                                   influence diversity of content?
                                 officials or the state, and are they      censorship?
                                 enforced?                                                                       4.  re there restrictions on the
                                                                                                                    A
                                                                        5. Do people have access to media
                                                                                                                   means of journalistic production
                              4. Is the judiciary independent, and
                                                                          coverage that is robust and              and distribution?
                                 do courts judge cases concerning          reflects a diversity of viewpoints?
                                 the media impartially?                                                          5.  re there high costs associated
                                                                                                                    A
                                                                        6.  re both local and foreign
                                                                           A                                        with the establishment and
                              5. Is freedom of information
                                                                          journalists able to cover the news       operation of media outlets?
                                 legislation in place, and are             freely?
                                 journalists able to make use of it? 7.  re journalists or media outlets        6.  o the state or other actors try
                                                                                                                    D
                                                                        A                                           to control the media through
                              6. Can individuals or business
                                                                       subject to extralegal intimidation          allocation of advertising or
                                 entities legally establish and         or physical violence by state               subsidies?
                                 operate private media outlets          authorities or any other actor?
                                without undue interference?                                                      7.  o journalists receive payment
                                                                                                                    D
                                                                                                                    from private or public sources
                              7.  re media regulatory bodies, such
                                 A                                                                                  whose design is to influence their
                                 as a broadcasting authority or                                                     journalistic content?
                                 national press or communications
                                 council, able to operate freely and                                             8.  oes the economic situation
                                                                                                                    D
                                 independently?                                                                     in a country accentuate media
                                                                                                                    dependency on the state, political
                              8. Is there freedom to become
                                                                                                                   parties, big business, or other
                                 a journalist and to practice                                                       influential political actors for
                                 journalism, and can professional                                                   funding?
                                 groups freely support journalists’
                                 rights and interests?




                                From the above list of questions formulated by Freedom House, it is shown that there are
                            a lot of aspects that must be tested, examined, and answered honestly when we are measuring
                            a country’s press freedom.
                                 For instance, we can take just the legal aspect. The first question that must be examined
                            is, does the Constitution protect press freedom? And, the next critical question: is that
                            constitutional protection enforced? It is well known that there are a lot of laws that are good
                            on paper, but not always followed in practice in the field.
                                Just in the legal aspect, there are at least eight questions that need to be answered. There
                            are questions as to what laws can penalize journalists, are courts independent enough in
                            handling media cases, are there regulations concerning the freedom of information, are
                            people freely establishing media without interference, are there independent bodies for
                            governing media, and can journalists freely perform their profession?
                                In the political aspect, there are also many questions. The questions that must be answered
                            are whether there is interference from the government or other partisan interests in the
                            content of the news coverage, access to sources, censorship practice and pre-censorship;
                            whether the public have access to media coverage in order to ensure their various views.
                            There is also the question about treatment of local and foreign journalists. And, another
                            important question is whether journalists and media are subject to intimidation and physical
                            violations from state officials or other actors.
                                    The last aspect is economy. The important question that must be answered is about the

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                       influence of the media owners or the government towards the diversity of news or broadcast
                       content. Also, there is the question of transparency of ownership and whether it is concentrated
                       only in some groups. Then, there are questions concerning its affects on the diversity of point
                       of views, the possibility of restrictions in media production and distribution, the efforts to
                       control media through the allocation of cost and advertising, and whether there is an effort
                       to influence journalists’ news and media through money payments.
                           In the calculation of Freedom House, those three environmental conditions contribute
                       an average value of 30 percent, except the legal aspect which has a value 10 percent higher.
                       That is the parameter which finally determines whether the status of a country is free, partly
                       free, or not free.
                           Reporters Sans Frontiers (RSF), a global research organization which promotes press
                       freedom, also uses roughly the same parameters in making the index of a country’s press
                       freedom, although not as strictly classified as Freedom House.
                           There was criticism towards a number of those parameters, which were considered to
                       more greatly reflect conditions or values of the states making the rankings: Freedom House
                       is headquartered in Washington, United States, and Reporter Sans Frontiers is based in Paris,
                       France. But let us take a look at the standards of assessment for other continents. Africa, for
                       example, is through African Media Barometer (AMB). The indicators they use are also more
                       or less the same in principle, although there are differences in some cases.
                           By using the check list according to Freedom House and Reporter Sans Frontiers, the
                       statement of President Yudhoyono that the Indonesian press is one of the best in Asia does
                       have merit. Based on 2009 RSF Data, Indonesia ranked 101 out of 175 surveyed countries.
                       The index of Indonesian Press freedom in 2009 had become better than the 2008 index,
                       which ranked Indonesia 111. But, with the 101 rating, Indonesia was still defeated by Timor
                       Leste (74) and Papua New Guinea (56). On top of Indonesia there were also other Asian
                       countries, such as Japan (17), Hong Kong (48), Taiwan (59), Kuwait (60), South Korea
                       (69), United Arab Emirates (87), Israel (93), and Qatar (94).
                           Besides the press freedom rankings, which are not too crucial, from 2009 until the early
                       semester of 2010, there were a number of occurrences that genuinely threatened press
                       freedom in Indonesia. Anak Agung Prabangsa, a journalist of the local Radar Bali daily
                       newspaper, was killed sadistically. His body was found floating in the waters of the Lombok
                       Starit, on February 16, 2009.
                          The killing case of Prabangsa has become an ugly blot on the history of Indonesia’s
                       press in the past two years. The Committee to Protect Journalists (CPJ), an international
                       organization which actively campaigns for journalists’ safety, put Indonesia in the “Deadliest
                       Country” list, ranked 14th out of 20 countries.
                           After that, in the early morning on July 7, 2010, two Molotov cocktails and one firecracker
                       were thrown by an unidentified person into the office of Tempo Magazine. This attack
                       represents a bad sign for the life of the press in 2010.
                           On July 26, 2010, press workers in Indonesia were also shocked by the death of senior
                       journalist from Kompas, Muhammad Saifullah, in his service home in Balikpapan, East
                       Kalimantan. (At the time of writing this report, the cause of the Saifullah’s death is still under
                       police investigation).

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                                The series of those events mark a strong signal that violence against journalists has not
                            subsided yet. It confirms the statistics of violent cases recorded by the Advocacy Division
                            of the Alliance of Independent Journalists (AJI) Indonesia. From January until December
                            2009, AJI recorded 37 violence cases. Although the number decreased compared with 2008,
                            in which 58 violent cases were recorded, the amount of violence in 2009 was still above 2004
                            (27 cases) and 1996 (13 cases).
                                From the regulatory aspect, 2009 almost produced “a nightmare” which fortunately did
                            not become a reality. In 2009, if not opposed by the media community and other civil society,
                            the government and House of People’s Representatives (DPR) almost legitimized the State
                            Secrets Bill. From the previous discussion, it is clear that the State Secrets Bill diminishes the
                            openness which is provided for by the Law on the Openness of Public Information.
                                Another important thing to note in 2009 is that there are still a lot of defamation cases.
                            In AJI Indonesia’s note, there are at least two critical defamation cases: the defamation court
                            case brought by the former Chief of Regional Police of South and West Sulawesi, Sisno
                            Adiwinoto, and civil action from Raymond Teddy towards Rajawali Citra Televisi Indonesia
                            (RCTI), a news portal of Kompas Cyber Media, Kompas Daily, Warta Kota Daily, a news
                            portal of detik.com, Suara Pembaharuan Daily, and Seputar Indonesia Daily.
                                With so many serious threats towards Indonesian press freedom during 2009 and in early
                            2010, the increase in the index of Indonesian press freedom in 2009 may not be due to the
                            significant improvement of the press freedom climate in this country. It may have occured
                            because the press conditions in other surveyed countries are also worsening.


                            Molotov Terror against Media
                                THE Molotov cocktail thrown by a stranger in front of Tempo Magazine’s office on July
                            7, 2010 was clearly not a usual incident for a country not at war. In addition, the Molotov
                            attack happened not long after Tempo Magazine sold out editions as a result of unidentified
                            persons.
                                Tempo magazine’s June 28 to July 4, 2010 edition, entitled “Police Officers’ Fat Account”,
                            covers a main report on some police generals who have suspicious bank accounts. On average,
                            balances in their accounts are far above salary accumulation of people who have a regular
                            police career. Tempo, for example, revealed a police officer holding a position as general
                            inspector had an account of IDR 54 billion. Whereas, the National Police Command’s Head
                            of Criminal Investigation Agency, General Commissioner Ito Sumardi, stated that National
                            Police Chief, the highest official in the institution, received a salary of only about IDR 23
                            million, including various benefits.
                                The cover of the edition of Tempo Magazine at that time was an illustration, not a
                            photograph. That is, a person in police officer uniform taking three pink piggy banks for a
                            walk. Apparently, the cover of Tempo magazine—and its main report—made the top brass
                            at the National Police Headquarters in Trunojoyo street, South Jakarta, outraged.
                                “Don’t picture us like that. That’s a forbidden animal. Why is it pictured like us?” said
                            National Police Chief, General Bambang Hendarso Danuri, to journalists after the celebration
                            of the 64th anniversary of the National Police in the Police Mobile Brigade Headquarters,
                            Kelapa Dua, Depok, West Java. The National Police Chief did not show his anger openly.

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                       But, he said, “Of course, our officers who were on duty in the border region, working in the
                       hinterland, must have felt piqued when seeing that.”
                           The reaction from National Police Headquarters was not only offense. They reported
                       Tempo magazine to the National Police’s Criminal Investigation Agency—an agency
                       within its own institution. The National Police Headquarters reported Tempo as violating
                       Article 207 and 208 of the Criminal Code regarding institutional insult. “We choose legal
                       action. Then, let the legal process resolve it,” said the spokeperson of the National Police
                       Headquarters, Edward Aritonang.
                           The police’s strong reaction provoked solidarity for Tempo Magazine. “Nowadays is not an
                       era for press silencing and criminalization,” said the Rector of Paramadina University, Anies
                       Baswedan, who initiated a statement of support from public figures in Tempo Magazine’s
                       office, Proklamasi street, Central Jakarta. A member of the House of Representatives,
                       Nursyahbani Katjasungkana, who also came to give support, said that the police should be
                       thankful to Tempo magazine. “It must be interpreted as an expression of love in support of
                       the clean police,” said Nursyahbani.
                           The Alliance of Independent Journalists (AJI) Indonesia, in the action statement issued
                       on the same day as the police reported Tempo Magazine, also deplored the police’s action
                       that used articles of the KUHP (criminal code), rather than using the mechanism provided
                       by the Press Law. “It is very unfortunate, when the police use colonial ways to silence Tempo,”
                       said Margiyono, coordinator of Advocacy at AJI Indonesia. According to AJI, the National
                       Police should use the report of Tempo Magazine as a mirror to further increase their quality
                       and professionalism in upholding the law, instead of disputing the media that wrote about
                       the findings of the alleged depravity of their institution. The police, said AJI, must not be as
                       the proverb “ugly face, broken mirror”.
                           In the midst of “the tumult” of news on the police’s anger toward Tempo Magazine
                       and the solidarity that followed, there occurred the throwing of the Molotov cocktail,
                       at around 02.45 am Western Indonesian Standard Time (WIB), on July 6, 2010, at
                       Tempo Magazine’s office. The Molotov cocktail was successfully extinguished at that
                       moment by the security guards who were on guard in Tempo’s office building. No serious
                       damages were caused by the bombs. Shortly after the bombing incident, the police
                       hurried to repulse the possible involvement of their institution in the bombing incident
                       . However, the case was already making the flow of support toward Tempo Magazine more
                       widespread. Demonstrations condemned the bombing were held in several cities. The
                       International Federation of Journalists, an international journalist organization headquartered
                       in Brussels, Belgium, demanded a serious investigation towards the attack. As did the RSF
                       based in Paris, France.
                           In the middle of the flow of national and international criticism, the National Police
                       finally looked at the mechanism stipulated in Law No. 40 of 1999 on the Press. The police
                       filed a complaint against Tempo Magazine to the Press Council. Not even one week later, the
                       Press Council succeeded in mediating between the National Police and Tempo. Both parties
                       agreed to reconcile and stop processing the news coverage dispute through legal means.
                           However, demands for the police to reveal the perpetrators of and motive for throwing
                       the Molotov cocktail at the Tempo’s office have not subsided. Moreover, two days after the
                       Molotov throwing, an activist from Indonesia Corruption Watch, Tama S. Langkun, became
                       the victim of persecution in Duren Tiga region, South Jakarta. There is a similarity of activity

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                            by Tempo and Tama before the violence: Tempo Magazine wrote a report about some police
                            generals’ suspicious accounts; and Tama also reported a police general who had an unusual
                            account to the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/
                            KPK).
                                As in the case of the Molotov cocktail thrown at Tempo Magazine, the police also strongly
                            refuted that their institution was involved in the attack against Tama. But, the public did
                            not all of sudden believe the objection. In addition, until the end of July 2010, the police
                            investigation of both cases still has not shed any light yet. The press community and civil
                            society in general, including international organizations such as IFJ, are still waiting for the
                            police to fulfill their promise.


                            The Murder of Prabangsa and the ‘New’ Deadliest Country
                                THE Molotov cocktail thrown at Tempo Magazine’s office is a bad and dangerous sign
                            for the free press. Undoubtedly, this kind of open intimidation is a very clear threatening
                            message. But, what had happened with Anak Agung Prabangsa was far worse. The body of
                            this journalist of Radar Bali Daily newspaper was found floating in the waters of the Lombok
                            Strait, West Nusa Tenggara Barat, on February 16, 2009.
                                Prabangsa began his career as a journalist of Nusa Daily in 1997, before finally moving
                            to Radar Bali Daily in 2003, until he was befallen by this tragic incident. With the murder
                            of Prabangsa, there are at least six murdered journalists in the last 14 years in Indonesia.
                            Allegedly, they were murdered because of carrying out their profession as journalists.
                                The family and management of Radar Bali Daily had reported Prabangsa to the Denpasar
                            District Police because he was missing form his home in Denpasar since February 11, 2009.
                            Strangely, Prabangsa’s motorcycle was found in his home village in Taman Bali, Bangli
                            regency.
                                Prabangsa’s family in Taman Bali confirmed Prabangsa’s arrival. After that, he went to
                            an unknown destination. The officer from the Karangasem District Police who removed
                            the victim’s body believed that it was Prabangsa’s body after seeing the press card issued by
                            Radar Bali Daily in Prabangsa’s pocket. When it was found, the victim’s body had swollen,
                            his head cracked, his tongue protruding, with a torn left ear, his chest and neck bruised, and
                            missing one eyeball.
                                Initially, the police only confirmed that Prabangsa was murdered, not because of accident
                            or other accidental causes. But, the police did not find any indication that the murder
                            was related to Prabangsa’s profession as a journalist. “The results of the investigation are
                            narrowing. Viewed from the motive side, at the time of death the victim was not conducting
                            a news investigation. Besides that, he was an editor, not like all of you,” said the Head of the
                            Bali Regional Police, Teuku Asikin Husein, to the journalists who were interviewing him on
                            February 18, 2009.
                                Later, the police began to find a clear indication when receiving testimony from Prabangsa’s
                            fellow colleagues. The deceased had complained that he was frequently threatened, although
                            he did not clarify who threatened him.
                                   The police then began to discover the linkage between Prabangsa’s death with the

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                       news he had written. It was about the direct assignment of a project supervisor for some
                       developments in Bangli Education Department, with a value of IDR 4 billion. This finding
                       led the police to a half-built house in Merdeka Bangli street, owned by Nyoman Susrama,
                       who then became the suspect of this murder case.
                           In that house, the police found blood-stained pants of one of the suspects. In a Kijang
                       car, police also found a bloodstain. The police had a firm belief after the Denpasar Center
                       of Laboratory ensured that the two samples were both blood group AB, meaning that
                       they matched with Prabangsa’ blood group. On May 25, 2009, the police announced that
                       Susrama along with six other men were suspects. They are Komang Gede, Nyoman Rencana,
                       I Komang Gede Wardana as known as Mangde. “His motive was pain and suffering,” said the
                       Head of Bali Regional Police, Teuku Asikin Husein.
                           The perpetrators, according to the police, shared a role in taking the life of Prabangsa.
                       Komang Gede, an accounting staff in the development project of an international kindergarten
                       in Bangli, was to pick up the victim. Mangde and Rencana acted as the executors and brought
                       the victim’s body to the Padangbai waters. Dewa Sumbawa was Susrama’s driver. While
                       Endy, a driver and an employee in the Sita water company, was assigned to clean the victim’s
                       blood.
                           According to the police, they were arrested in their houses, after the 100th day of the
                       victim’s death. The exhibits were the blood spills in Susrama’s house, a green Toyota Kijang
                       Rover numbered AB-8888-MK with blood spots in six points. The police also seized a
                       metallic soft green Honda Grand Civic numbered DK-322-YD, blue jeans, a car carpet, and
                       a white sack.
                                                                                                        Deadliest Countries in
                          From the suspects’ testimony, according to the police,                        2009
                       Prabangsa was murdered in Susrama’s house in Banjar Petak,
                       Bebalang, Bangli, on February 11, 2009, around 16.30-22.30 local                  Philippines               33

                       time. Prabangsa was persuaded to go to the house in Banjar Petak,                 Somalia                    9

                       and then executed by being beaten with wooden sticks. After that,                 Iraq                       4

                       Prabangsa’s body was thrown into the sea at Padangbai beach.                      Pakistan                   4
                                                                                                         Mexico                     3

                            The judge reinforced the police’s conviction. In the court on                Russia                     3

                       February 15, 2010, the judge sentenced Nyoman Susrama with                        Afghanistan                2

                       life imprisonment. That verdict was lower than the demand of                      Sri Lanka                  2
                                                                                                         Nigeria                    1
                       prosecutor, which was the death sentence. The panel of judges, led
                                                                                                         Venezuela                  1
                       by Djumain, SH, stated that Susrama was guilty of violating Article
                                                                                                         Nepal                      1
                       340 of KUHP and Article 55 paragraph 1.1 of KUHP regarding joint                  Turkey                     1
                       pre-meditated murder. “The murder was sadistically done, which                    Azerbaijan                 1
                       was in opposition to the teaching of ahimsa,” said Djumain2.                      Indonesia                 1
                                                                                                         El Salvador                1
                           The judge believed that the motive for the killing was the                    Colombia                   1
                       reporting in Radar Bali daily written by Prabangsa on December                    Israel and the Occupied    1
                       3, 8, and 9, 2008 about the projects of the Bangli Education                      Palestinian Territory

                       Department, especially the international kindergarten and                         Madagascar                 1

                       elementary school projects. Susrama was a chairman of the                         Iran                       1

                       project’s Development Committee, valued at millions of rupiahs.                   Kenya                      1

                                                                                                        Bahan: CPJ, 2009




                       2 Koran Tempo Daily, Susrama Sentenced to Life Imprisonment, February 16, 2010


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                                Prabangsa’s death marked a poor record for Indonesia in the eyes of the world. Moreover,
                            Prabangsa was not the first journalist who died because of his profession. The mystery of the
                            previous two journalists’ killing cases hads not even been solved. In the murder case of Fuad
                            Muh. Syafrudin, a journalist in Berita Nasional Daily, on 1996, the perpetrator was never
                            brought to the court until now. While the body of Ellyudin Telambanua, a journalist in Berita
                            Sore Medan Daily, was not found until now. In the CPJ database, Ellyudin was categorized as
                            a missing journalist case.
                                Prabangsa’s case made Indonesia included in the list of deadliest countries for journalists.
                            In the list released by CPJ, Indonesia is in 14th place of those considered as the deadliest for
                            journalists. Indonesia’s position is in parallel with Columbia, Nigeria, Venezuela, Sri Lanka,
                            Nepal, Turkey, Azerbaijan, and El Salvador. This list will be a poor record for the Indonesian
                            press for some time to come.


                            Jakarta’s Fluctuating Statistics and Red Report Card
                                 FROM the statistical side, cases of violence against journalists3 have fluctuated over the
                            last 14 years. If the comparison is the situation before 1998, the graphics are far different. The
                            repressive government and the strict media regulations in the New Order era were factors
                            that led to a small amont of media at that time. Journalists also worked in a very careful way
                            (read: full of fear). Consequently, the occurrence of physical violence against journalists was
                            not much. Look at the case data at the end of the New Order era. In 1996, there were only 13
                            cases of violence against journalists and the media.
                                In 1997, when the power of the New Order era became increasingly unstable, and the
                            media began to critically question the attitudes of the power holders, the amount of cases of
                            violence against journalists increased to 43. The highest numbers were in 1998 (41 cases),
                            1999 (74 cases), 2000 (122 cases), and 2001 (95 cases).
                               After that, the amount of cases of violence went up and down. In 2004, there were only
                            27 cases, then in 2005 (43 cases), 2006 (53 cases), 2007 (75 cases), and 2008 (59 cases).
                            Although the trend was up and down, until 2010, statistics relating to cases of violence
                            dropped to the lowest number, as recorded during the New Order era.
                                 It is not easy to definitely describe the cause of the up and down statistics of cases
                            of violence against journalists and the media. For some people, venting their anger with
                            violence is considered an “easier” and “cheaper” way than having to deal with the court4.
                            It is necessary to have extensive research to answer why violence is often used by people
                            who are not satisfied with media coverage. A member of the Press Council, Agus Sudibyo5,
                            mentions this peculiar phenomenon as a problem in the transition era, when there were a lot
                            of anomalous events; some were good, but many were bad.



                            3  t the least, there are nine categories in violence against journalists: (1) killing, (2) imprisonment, (3) attacking, (4) kidnap, (5) censorship, (6)
                               A
                               expulsion, (7) harassment, (8) threat, or (9) legal claim.
                            4  here is a point of view that the quality of Indonesian media coverage is decreasing compared with the New Order era. There is an explosion in numbers
                              T
                              of newspapers, television, radio, dotcom and other various media organizations. People compete to publish newspapers. But, the number of journalists
                              and editors who understand journalism well is still inadequate. The effect is a lot of news made with poor procedures. More people feel unsatisfied
                              by media. “Violence way is easier and cheaper to reflect disappointment toward news coverage, than the complicated legal way,” said Solahuddin,
                              Secretary general of AJI Indonesia. See Pantau, A Black Spot of Journalism, no date.
                            5 Interview of Agus Sudibyo, … July 2010.


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                           Throughout 2009, based on the monitoring results of AJI Indonesia’s Advocacy Division,
                       cases of violence were dominated by physical violence against journalists. The amount is 18
                       of 37 cases. After that, there are lawsuit cases (7 cases) and expulsion and prohibition of
                       coverage (3 cases). It is different with the situation in 2008, when from 59 violence cases, 18
                       were threats, 9 cases were expulsion and prohibition of coverage, and 3 cases were censorship.
                       From the perpetrator side, there is also a difference. In 2008, 20 of 59 violence cases were
                       conducted by mass supporters during elections of regional heads. The second and third
                       most common perpetrators of violence were government officials and police, respectively
                       11 perpetrators. While in 2009, the most common perpetrators are government officials (7
                       cases), cadres of the parties (4 cases), and police (3 cases). From the side of perpetrators of
                       violence, the similarity between 2008 and 2009 is on the police who became the third most
                       common perpetrators in both years.


                       Table 2.2 Anatomy of 2009 Violence Cases

                                         Region                   Perpetrator                          Type of Action
                        DKI Jakarta (6 cases)          Government officials (7 cases)       Physical violence (18 cases)
                        East Java (6 cases)            Cadres of the political parties (4   Lawsuit or legal claim (7 cases)
                                                       cases)
                        South Sulawesi (5 cases)       Police (3 cases)                     Expulsion and prohibition of coverage
                                                                                            (3 cases)
                        North Sumatra (3 cases)        Prosecutors and Judges (3 cases)     Demonstration (3 cases)
                        West Nusa Tenggara (2 cases)   A group from society (3 cases)       Censorship (2 cases)
                        Central Java (2 cases)         Security or security officers (3     Hostage (2 cases)
                                                       cases)
                        Bali (2 cases)                 Hoodlums (2 cases)                   Harassment and intimidation (1 case)
                        Papua (2 cases)                College students (2 cases)           Murder (1 cases)
                        West Kalimantan (1 case)       An employee of a company (2
                                                       cases)
                        East Nusa Tenggara (1 case)    Unidentified person (1 case)
                        West Java (1 case)             Indonesia Military Forces (1 case)
                        North Maluku (1 case)          Businessman (1 case)
                        Banten (1 case)                Doctor (1 case)
                        South Sumatera (1 case)        Teacher (1 case)
                        Jambi (1 case)
                        North Sulawesi (1 case)
                        Riau Islands (1 case)
                        37 cases                       37                                   37




                           The perpetrators of the physical violence against journalists, which was prevalent in
                       2009, are quite diverse. There are officers of the Indonesian Military Forces (TNI), citizens,
                       and—ironically, also—college students. The triggers of these cases are also not the same.
                       There is the one who refuses for his or her accident case to be reported. But, there is also
                       one because of the perpetrator’s closed stance, because he or she does not want his or her
                       incident to be exposed by the journalist.
                           In the beating case of a local television station journalist in Palembang, Pal TV, Yudi
                       Saputra, the perpetrator, did not want his family’s traffic accident to be covered by the media.
                       While the violence that was experienced by Norik, a journalist of Indosiar TV station, was
                       conducted by a member of the Indonesian Military Air Force who did not like Nonik taking
                       pictures of a plane that had crashed.
                           Another interesting violence case to be noted is the case of Septianda Perdana, a
                       journalist of Antara Sumut media online. He became the victim of violence by students of

                       22




The Threat is from Inside FA.indd 22                                                                                                8/24/2010 11:33:27 AM
Chapter II   Not Dark, But Still A Blur




                            HKBP Nommensen University, Medan, on April 21, 2009. The students were angry because
                            they did not want to be covered when they were in a fight. In this case, Perdana received
                            harsh treatment and was stoned by the students.	
                                In Papua, violence occurred as a reaction to the restriction of coverage access for foreign
                            journalists. It is an old policy that has been maintained by local officials and often ends up
                            with the journalist’s expulsion. Three journalists from NRC Handelsblad, Netherlands—
                            Gabriel, Pieter, and Ronald—were arrested after covering demonstration activities about
                            Papuan Independence in front of the Papuan House of People’s Representative’s office, on
                            March 24, 2009.
                                Those three journalists were in a group with the pioneer of the Independent Papua
                            Organization’s establishment, Nikolaus Youwe, who was visiting Jakarta and Papua a couple
                            of days earlier. When Nikolaus’ group returned to the Netherlands, those three journalists
                            were still in Jayapura and covering Papuan independence demonstrations. That was when
                            they were arrested. The Class I Immigration officer of Jayapura, Hendiartono, said that the
                            officers arrested those three journalists because they violated coverage permission from the
                            Ministry of People’s Welfare Coordinator. “The permission is only to cover Nikolaus’ visit in
                            Papua,” said Hendiartono6.
                                 AJI Indonesia protested the arrest. That afternoon, in a press release, Chairman of AJI
                            Indonesia, Nezar Patria, condemned the arrest and asked those three journalists to be freed
                            immediately. AJI evaluated that the Immigration officer’s attitude had obstructed journalistic
                            activities7. AJI also regretted the closure of Papua to foreign journalists, resulting in the
                            information flow from Papua to foreign countries becoming obstructed, minimal, and often
                            full of distortions. AJI urged the government to open the widest access for journalists from
                            any country to cover Papua.
                                In the statistics of cases of violence against journalists, one important note is also the
                            area where the cases occurred. In 2009, Jakarta again became the province with the most
                            violence cases against journalists. The previous year, 2009, Gorontalo placed this first
                            position because there were 11 cases of violence that occurred in the province, which was
                            relatively newly established. The return of Jakarta as the reddest province in Indonesia is
                            actually not too surprising. In 2008, Jakarta ranked first because 17 of 75 violence cases
                            occurred in this area.


                            Table 2.3 The Ranking of Red Categorized Provinces (2007-2009)

                                                                 2007                                2008                     2009
                              Ranking 1             Jakarta (17 cases)                   Gorontalo (11 cases)     DKI Jakarta (6 cases)
                              Ranking 2             East Java (14 cases)                 Jakarta (9 cases)        East Java (6 cases)
                              Ranking 3             West Java (10 cases)                 East Java (6 cases)      South Sulawesi (5 cases)
                              Ranking 4             The Province of Aceh (8 cases) East Nusa Tenggara (5 cases)   North Sumatera (3 cases)
                              Ranking 5             North Sumatera (8 cases)             North Maluku (5 cases)   West Nusa Tenggara (2 cases)
                            Source: processed from data of Advocacy Division of AJI Indonesia



                               Not all violence against journalists and the media are in the form of physical violence.
                            Another violence such as through legal process was experienced by the Jakarta Globe (an


                            6 A news site, vivanews.com, Three Dutch Journalists Arrested by Immigration, March 24, 2009.
                            7 Tempo Interaktif, AJI Minta Jurnalis Belanda Dibebaskan, Tuesday, March 24, 2009.


                                                                                                                                                                                     23




The Threat is from Inside FA.indd 23                                                                                                                                                       8/24/2010 11:33:27 AM
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
Annual Repot AJI  2010 - The Threat from Within
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Annual Repot AJI 2010 - The Threat from Within

  • 1. The Threat from Within 2010 Annual Report of the Alliance of Independent Journalists The Threat is from Inside FA.indd 1 8/24/2010 11:33:25 AM
  • 2. The Threat from Within 2010 Annual Report of the Alliance of Independent Journalists Writer: Abdul Manan Editor: Andrew Thornley Cover dan Lay Out: J!DSG, www.jabrik.com Publisher: The Alliance of Independent Journalists Jl. Kembang Raya No. 6 Kwitang Senen Jakarta Pusat 10420 Email: sekretariatnya_aji@yahoo.com Website: www.ajiindonesia.org Cetakan: Jakarta, Agustus 2010 The Threat is from Inside FA.indd 2 8/24/2010 11:33:25 AM
  • 3. Contents Introduction................................................................................................................................................................ 5 Chapter I: Is it the Beginning of a Harsh Winter for Media Workers?.................................................. 7 A Short History of Media Workers Unions . .................................................................................................................. 8 Indosiar Case and Subsequent Demonstration............................................................................................................. 9 . Union Busting of Suara Pembaruan....................................................................................................11 Chapter II: Not Dark, But Still A Blur .................................................................................................... 13 Molotov Terror against Media.................................................................................................................................... 17 The Murder of Prabangsa and the ‘New’ Deadliest Country........................................................................................ 19 Jakarta’s Fluctuating Statistics and Red Report Card. ................................................................................................. 21 . 2010 as a Good Beginning? ..................................................................................................................................... 24 Seven Media and the News of a Gambling Case ....................................................................................................... 26 Chapter III: Freed from the Storm of Crisis . ........................................................................................ 35 Advertising and the Optimism to Look at the Future. ................................................................................................. 36 . The increasing number of media which are not as fast as circulation ......................................................................... 40 The Trend of TV, Radio, and Internet Advertising......................................................................................................... 42 Chapter IV: The Portrait of Indonesian Press Ethics............................................................................. 45 Infotainment and “its divorce” with Journalism.......................................................................................................... 46 Two interpretations on the rise of complaints to the Press Council.............................................................................. 49 Annex Cases of Violance against Journalists (2009).............................................................................................................. 53 Journalists Who Died and are Missing in Indonesia (1996-2010) ............................................................................... 59 Address the Alliance of Independent Journalists (aji)................................................................................................. 61 The Threat is from Inside FA.indd 3 8/24/2010 11:33:25 AM
  • 4. Tabel Contents Table 2.1 Supporting Environment for Press Freedom ............................................................................................. 15 Table 2.2 Anatomy of 2009 Violence Cases............................................................................................................. 22 Table 2.3 The Ranking of Red Categorized Provinces (2007-2009)........................................................................... 23 Table 3.1 Media Advertising Revenue (2005-2010)................................................................................................. 36 Table 3.2 The Advertising Revenue in the First Quarter of 1999 to 2010.................................................................. 38 Table 3.3 The Advertising Revenue in First Quarter of 2010 Compared to the Previous Quarter ............................... 38 Table 3.4 Main Media Advertising Revenue (newspaper, magazine, television, internet, outdoor media) in US$ Million................................................ 39 Table 3.5 Global advertising expenditure by medium US$ million, current prices Currency conversion at 2007 average rates......................................................................... 40 Table 3.6 Share of Total Advertising expenditure by Medium 2006-2010 (%)........................................................... 40 Table 3.7 The Growth of Number of Media and Circulation (2008 – 2010).............................................................. 41 Table 3.8 10 biggest cities based on circulation figures (2010)................................................................................ 41 . Table 3.9 Media statistics....................................................................................................................................... 42 . Table 3.10 The Growth of Internet Users in Indonesia (2000-2010)........................................................................... 44 Table 4.1 Public Complaints to the Press Council (2007-2009)................................................................................ 50 The Threat is from Inside FA.indd 4 8/24/2010 11:33:25 AM
  • 5. Introduction THE world of journalism in Indonesia today has become sharper in facing the contradiction of freedom and social responsibility. In the midst of the victory of press freedom over the last decade, we are witnessing a sharp focus on the “responsibility” of media ethics as a means of freedom of expression. From 442 complaints to the Press Council in 2009, written or oral, the matter of violation of ethics has become important. Sensational news coverage, which twists the facts, as well as the weakness in accuracy of media reports, have become of serious note for the Press Council. This includes the blurring of the line between “fact” and “gossip” in a number of mass media products. During ten years of reform, a large opportunity has been open for anyone establishing media and conducting journalistic work. Thus, we see that the media industry is growing, the way of communication has become more advanced, and that competition also seems more exciting. On the other side, the attitude of the profit-orientated media industry has given journalism a bad reputation. We see how competition for ratings and circulation indeed threaten the heart of the media: credibility. Needless to say, it is not a problem that competition increases circulation, ratings, or visits. The problem is: has competition resulted in the increase of journalism quality? Media businesses are greedy for profit, and justify their various ways with “as long as it sells”, which can end with the gambling of public trust in those media. If credibility is at stake, then qualified journalism should be the answer. This 2010 AJI Annual Report, which is published each year to coincide with the celebration of the organization’s birth, on August 7, tries to record the dynamics of the national press. From August 2009 until the middle of 2010, AJI has noted many important things. Although Indonesia is often praised as having the best press freedom in South East Asia, our ranking is still low. The ranking of press freedom in Indonesia, for example, is still decreasing in 2010. Reporters sans Frontieres (RSF), a nonprofit institution based in Paris, ranked Indonesia 57th in 2002, which then greatly decreased to 117th (in 2004). Up until 2010, Indonesia cannot reach the top 100 again. The decreasing of Indonesia’s position, according to RSF, is because the Indonesian 5 The Threat is from Inside FA.indd 5 8/24/2010 11:33:25 AM
  • 6. The Threat from Within government still uses “outdated laws” against the press. In South East Asia today, Indonesia’s ranking is below Papua New Guinea and Timor Leste. Following, in terms of ranking, are Cambodia, the Philippines, Thailand, Malaysia, Singapore, Brunei Darussalam, Vietnam, Laos, and Burma. In 2009, for example, we almost got “a nightmare” should the State Secrets Bill have been endorsed by the DPR. That is because the Bill threatens room for openness, which is guaranteed by the Law on the Openness of Public Information. Moreover, cases of defamation and violence against journalists are still stuck in the last year. On the other hand, we also see how Indonesia is affected by global crises. Their affects have not been as dramatic as in America or Europe. The print media in Indonesia still can survive. Media business statistics in 2007-2010 showed that there were no negative symptoms in the national newspaper industry, although there was no significant leap in circulation. Serious concern needs to be directed to the dramatic growth of social media through internet networks in Indonesia, such as Facebook, and Twitter microblogs. As of March 2010, there are 19.5 millions users of Facebook in Indonesia. At the end of 2008, that medium was only reaching 200,000 users across the archipelago. In November 2009, there were about 1.4 million users of Twitter in Indonesia. Today, Google Ad Planner notes 4.6 million visitors of Twitter in Indonesia. Of course, these social media have become more important because the ability in information distribution is fast and massive. Indeed, the content of the mainstream media is also using this facility. One important note is that the social media have become new media for information exchange. It is no longer one-way as with traditional “journalism”. Through the internet, a piece of information can skyrocket to every corner of the world, or also be flung. It can be counterbalanced, opposed, or forgotten. Indeed, the upheaval of social media, for example, is welcomed today by the mainstream media. And, it can be vice versa. From political matters such as Bibit-Chandra to the case of the pornographic video of famous celebrities Ariel-Luna-Tari, those work in this new pattern. The development of information technology also forces “old media” to be side by side with “new media”. This year, as in previous years, Indonesia has noted a lot of things from the dynamic of development. Nowadays, information has a new way to live and thrive. It is absolutely important to look for a kind of “virtue”, or what benefit can be derived by the public from those new media. Although the world of information technology changes, there is one thing that remains constant: “content is king”. This means that the public, which is now enjoying great authority— including freedom of expression in social media—will determine which journalism is qualified, or not qualified. The most trusted journalistic work, which represents common sense (logic) and the public’s feeling (ethics), will by itself pass that complicated test. Nezar Patria President, Alliance of Independent Journalists 6 The Threat is from Inside FA.indd 6 8/24/2010 11:33:25 AM
  • 7. Chapter I Is it the Beginning of a Harsh Winter for Media Workers? • A Short History of Media Workers • Union Indosiar Case and After that Demonstration • Union Busting of Suara Pembaruan MEDIA workers nowadays are facing a different challenge from previous generations. Media workers not only face threatening regulations or outsiders like officials and a particular group of society. Media workers often face a threat from inside, as from the management or the capital owner. Often, the capital owner tries to inject personal interests or business relations and politics to disturb the independence of the newsroom. Another problem is that the capital owner also often practices anti-union actions or union busting. The Alliance of Independent Journalists has actually long detected the danger from “the inside”. Born as a resistance against the government’s repression in 1994, AJI has made the issue of a union and journalists’ welfare as the priority program in the 1997 Congress, when AJI still operated clandestinely as an underground movement, because the New Order still held power. As a member of the International Federation of Journalists, which also made the issue of media workers’ welfare as the main issue of the struggle, AJI also realizes that media conglomeration that has occurred in the United States of America and Europe will, in turn, occur in Indonesia. Like it or not, the coming of a media conglomeration era in Indonesia, and its follow-on effects, is just a matter of time. When the crisis hit Indonesia in 1997, which ended up with mass termination of employment, some Indonesian press workers began to realize the importance of welfare issues, besides the press freedom issue itself. When mass media became an industry, some workers begin to turn to the union as their forum to struggle for their rights as workers. Although, admittedly, the media workers’ awareness to struggle for welfare through media unions is very late compared with workers in other industrial sectors. The global financial crisis wagged its tail back to Indonesia in 2008. At that time, AJI was anxiously waiting: don’t let the crisis, which led to mass termination of employment in some places in the world, also sweep away the media industry in Indonesia. The anxiety was not without reason. The result of AJI’s monitoring, from November 2008 to April 2009, revealed that at least 100 media workers were fired. The number is increasing with time. 7 The Threat is from Inside FA.indd 7 8/24/2010 11:33:25 AM
  • 8. The Threat from Within Until the first semester of 2010, the Labor Union Division of the Alliance of Independent Journalists recorded mass termination of employment, nuanced union busting (the crackdown of labor unions), towards 217 workers of Indosiar television station. The mass termination of employment was also experienced by 144 workers of Berita Kota daily after the newspaper was acquired by the Kompas Gramedia Group (KKG). Besides that, there were still about 50 workers of Suara Pembaruan evening daily and media groups from other Lippo Group entities fired. The mass termination of employment also haunted the television station employees of ANTV. The General Chairman of ANTV Employee Union, Aries Budiono, stated that the management of ANTV processed the termination of employment for about 100 employees. “We received information that not more than 100 employees are in the mass layoffs. But, until now, it keeps processing,” said Aries Budiono as quoted in Jurnalparlemen.com, on March 17, 2010. A Short History of Media Workers Unions IT is not easy to find references about the history of the press industry in relation with the life of media workers unions. Generally, the historical record of the Indonesian press talks more about the struggle against tyranny, so that it touches less on aspects of economy, welfare, and the labor union’s struggle. The first press in Indonesia was Bataviasche Nouvelles, published in Batavia (1745). This newspaper was published in the period of Willem Baron van Imhoff, General Governor of VOC (1743-1750)1. But, the oldest reference to media workers unions newly emerged in the 1970s, when journalists in Tempo magazine established a Board of Employees. For example, compare this with the establishment of the Nederland Indische Onderwys Genootschap (NIOG) or Union of Dutch East Indies Teachers in 1879. The young history of media workers unions in Indonesia definitely was not caused by a lack of labour disputes in this industrial sector in earlier periods. According to David T. Hill2, one of the rational explanations for limited labour disputes in mass media is because media management has usually been owned by the senior editor – meaning that the owner and the manager are the same person. This phenomenon does, at least, provide some explanation as to why the labour issue did not resonate until the beginning of the New Order era. Another reason is that the motivation of a person working in mass media is very different to that of one who works in other industrial sectors. There was a spirit of idealism and voluntarism shown by media workers in the years after independence, when this sector was actually not only carrying out “idealism”, due to the arrival of capital interests. After the birth of the Board of Tempo Employees, around 14 years later there emerged other similar organizations. They were: Kerukunan Warga Karyawan Bisnis Indonesia (1992), Serikat Pekerja PT Bina Media Tenggara-Jakarta Post (1993), Dewan Karyawan Forum (1997), and Dewan Karyawan PT Abdi Bangsa-Penerbit Republika (1997)3. 1 Abdurrahman Surjomihardjo and Leo Suryadinata, Pers di Indonesia: Ikhtisar Perkembangan Sampai 1945, in Beberapa Segi perkembangan Sejarah Pers di Indonesia, Kompas, 2002, pp. 25. 2 David T. Hill, Merenungkan Sejarah, Menghadapi Masa Depan, in Heru Hendratmoko (ed.), 5 tahun AJI: Tetap Independen, AJI, 1999, pp. 13. 3 Although the ”embryo” of the labor union was only in five media, this did not mean that others had no concern for the issue of welfare. It is only a 8 The Threat is from Inside FA.indd 8 8/24/2010 11:33:25 AM
  • 9. Chapter I Is it the Beginning of a Harsh Winter for Media Workers? The media workers union emerged after 1998, when the growth of media also reached a previously unimagined number. From 1998 to 2002, there were 19 established labour unions4. They were the Association of Kompas Employees, the Board of Tabloid KONTAN Employees (1998); the Board of ANTV Labour, Surabaya Post’s Labour Union, the Association of Solo Pos Employees (1999); Communication Forum of Pos Kota Employees (2000); Labour Union of Detik.com, Labour Union of KBR 68H, Labour Union of Neraca Daily, Association of Surya Group Employees, Forum of SWA Employees, SCTV Labour Union, Association of Warta Kota Employment, Waspada’s Press Labour Union (2001); Labour Union of Berita Kota, Board of Jake’s FM Workers, ANTARA’s Labour Union, and Labour Union of Sinar Harapan (2002). Then, there was SP Serikat Pekerja Indosiar. However, if the comparison is between the amount of media and the emergence of media workers unions recently, the amount of media workers unions is still far from ideal. Just imagine, in the same period, the amount of publications grew from 289 in 1997 to 1,687 in 1999. In fact, seen from the side of need and relevance, the existence of media workers unions in the reform era cannot be doubted anymore. Understandably, in this era, the role of capital is also more strongly enforced in the media industry. The face of media companies is no longer the same as in the previous era, when media were generally established and owned by a few editors. After 1998, the ownership trend instead tended to focus to some conglomerates that have no history in struggling for media independence and newsroom independence. What has occurred is the centralization of media in the hands of people who have strong interests in other business sectors. Media businesses operate according to the logic of capital: manage to get a huge profit and maintain the business interests and the politics of the capital owner. Since that, various problems of manpower are continuing to punish media workers, starting from outsourcing, networking systems, contract labour systems, and the like. The awareness of ever-bigger challenges in addition to various complicated manpower problems triggered the idea to form a federation of media workers unions. Facilitated by the Alliance of Independent Journalists, on July 25 2009, eight media workers unions agreed to join and establish the Federation of Independent Media Workers Unions. Those joining this federation include: the Board of Tempo Employees, the Forum of SWA Employees, the Forum of Smart FM Employees, the Labour Union of 68H, the Association of Solo Employees, Sekar Indosiar, and the Association of RCTI Employees. Indosiar Case and Subsequent Demonstration MONDAY, January 11, 2010. Hundreds of Indosiar employees held a demonstration in front of their office, in Damai street, West Jakarta. “A lot of Indosiar employees who have worked for five years still get a base salary below Rp 350,000. Overtime money on holidays matter of the way, and the choice of strategy in struggle is different. Gatra Magazine established a cooperative in 1995. Long before, in 1978, there was also Sinar Karya cooperative to handle the welfare of Suara Pembaruan Daily’s employees. Of course, a cooperative is not the same as a labor union. The five media workers unions only in newspapers are still a small number, if compared with the amount of press that was published at that time. In the 1970s, when the Board of Tempo’s Employees was established, there were at least more than 1,000 daily and weekly newspapers. The existence of one labour union is clearly a very small number, because it is only more or less 1 % of the existing publishing. 4 ata based on the monitoring of Labor Union Division in AJI Indonesia, in 2006. D 9 The Threat is from Inside FA.indd 9 8/24/2010 11:33:25 AM
  • 10. The Threat from Within is only Rp 40,000. It violates the Law on Employment,” said the Head of Sekar Indosiar, an Employee Union, Dicky Irawan, in his oration. The mass were in black Indosiar uniform, with red headbands on which were written “Salary Increases”. They also brought a lot of posters, and among others were written, “6 Years No Salary Raise”, “Don’t Fool Us”, and “Where is Your Promise?” To complete the action, the mass brought 29-inch TV sets with blur and no picture screen. The television was covered with a poster, “15 Years of Indosiar.” The demonstration happened after a proposal letter for salary raises sent by employees was not replied to by the management. In a meeting with the employees’ representatives, the board of Indosiar directors stated that they could not raise salaries. From Damai street, the mass was then in a convoy to Wisma Indocement, on Jenderal Sudirman street, which was Indosiar’s headquarters. Actions on that day did not run smoothly. There was an effort to cut off the actions. But, there was a bigger threat which had already obscured the protesters. After that demonstration, some of Sekar Indosiar’s personnel got a letter of dismissal. The activists of Sekar Indosiar did not accept the dismissal. Facilitated by Commission IX of the DPR RI and the Labour Department of DKI Jakarta Province, Sekar negotiated with the management of Indosiar. The result of the bipartite meeting on Thursday, February 18, 2010, on one hand gave a breath of fresh air to Indosiar’s employees. The management promised to comply with all provisions in the law of employment. But, in front of members of Commission IX of DPR, Indosiar management clearly stated that they would layoff 200 employees in the near future. That nightmare became true on Wednesday, February 24, 2010. Some of Sekar Indosiar’s members were called by Indosiar’s personnel department. They were forced to sign a letter of dismissal under the guise of the company’s restructuring that led to rationalization. Previously, the management offered a program of “withdrawal with honour” until the deadline on February 12, 2010. Employees who took the program were promised an additional bonus. However, the management made a special selection for that program. Those who agreed generally were the members of Sekar Indosiar. The applicants who were not Sekar’s members were never called, or their process would be very long. At the same time, the management also suspended all administrators of Sekar Indosiar. That unilateral management action forced Sekar Indosiar to seek legal action with a civil claim against Indosiar’s management to the West Jakarta District Court. “The exception of the defendant’s legal advisor is rejected, and the West Jakarta District Court is authorized to adjudicate this case,” said the Chief Judge Jannes Aritonang when reading the verdict said on last July 1, 2010. The applause from the attendance reverberated. A member of Sekar Indosiar did a prostration of gratitude in the courtroom. The judge made history. The union busting case had been in trial for the first time in the public court. This judge’s decision became an important breakthrough in the trial of an anti- union busting case. Usually, the public court judges rejected and stated the same claim as the operational territory of the industrial relations tribunal. 10 The Threat is from Inside FA.indd 10 8/24/2010 11:33:26 AM
  • 11. Chapter I Is it the Beginning of a Harsh Winter for Media Workers? Union Busting of Suara Pembaruan THAT Thursday afternoon, on March 13, 2010, should be a turning point which gave hope to Budi Laksono, a Chairman of Suara Pembaruan’s Labour Union.  The Industrial Relations Tribunal (Pengadilan Hubungan Industrial/ PHI) of Jakarta decided that the layoff case (PHK) by PT Media Interaksi Utama (MIU) toward Budi was unlawful and void as a matter of law. Budi, who had been working for 18 years in Suara Pembaruan, was fired shortly after establishing a labor union in his office. A number of Suara Pembaruan’s employees agreed to form a labor union to anticipate the management’s various plans, following the company’s ownership status. The reaction of the company’s management was as had been predicted by Budi and friends. Management asked the employees who became the union’s administrators to choose whether they joined with the labor union or stayed with the company. They who chose being active in the labor union received sanction. Some of them were downgraded from editor to reporter and some others had salaries lowered. Budi and friends had complained about the management’s treatment to the East Jakarta Department of Labor. Mediation in the Department of Labor favored Budi and his colleagues, and demanded the company to re-employ them. But, the company did not comply with the recommendation from the Department of Labor, until this case was finally brought to the Industrial Relations Tribunal. Budi was the last man standing in this case. Initially, Budi brought the union busting case in Suara Pembaruan to the court with full support from about 30 of his fellow workers. However, in the middle of the long series of court hearings, management kept approaching Budi and friends. Management offered them severance pay as much as twice the statutory provisions. One by one of Budi’s friends accepted the layoff offering and severance pay from the company. When the judge lowered the gavel in the last hearing, there was only Budi who stood still in the courtroom to fight for his rights as a worker. When reading the verdict, the Chairman of panel of judges PHI Jakarta, Sapawi, stated that the working relationship between PT MIU and Budi was not over yet. Budi had to be re-employed as previously, as a reporter in Suara Pembaruan, an afternoon daily newspaper. “The act of layoff is unlawful as a matter of law,” said Sapawi who was accompanied by two judges. According to the judge, the unilateral dismissal of Budi contravened the provision in Law No. 13 of 2003 on Labor Affairs. Besides asking Budi to be rehired, the Panel of Judges punished PT MIU to pay Budi’s salary since March 2009 and pay forced money (dwangsom) in the amount of IDR 200.000 per day for negligence of Suara Pembaruan’s management. Responding to the decision of the Panel of Judges, Budi Laksono felt relief. During this time, the chairman of PT MIU always boasted that the company could not be defeated because it had a lot of money. “Apparently, there is still justice in this country, which cannot be bought. This decision breaks the company’s arrogance,” said Budi. lll 11 The Threat is from Inside FA.indd 11 8/24/2010 11:33:26 AM
  • 12. The Threat from Within BUDI’S long legal struggle resulted in a positive end. However, Budi’s effort to obtain his rights still took a long time. It is because the company where he worked is adamant that the termination complied with regulations. “We will appeal,” said the lawyer of Suara Pembaruan, Andi Simangunsong, as quoted by Tempo Magazine, edition of March 29 to April 4, 2010. 12 The Threat is from Inside FA.indd 12 8/24/2010 11:33:26 AM
  • 13. Chapter II Not Dark, But Still A Blur • Molotov Terror against the Media • The Murder of Prabangsa and The ‘New’ Deadliest Country • Jakarta’s fluctuating Statistics and Red Report Card • Seven Media and the News of Gambling Case • Again and Again, Threatening Regulations THE issue of a free press in Indonesia frequently becomes part of officials’ favorite rhetoric. On some occasions, President Susilo Bambang Yudhoyono mentions the important role of the Indonesian press. For example, when receiving the chairman of Globe Media Group, the President mentioned that the Indonesian press was one of the freest presses in Asia1. On another occasion, the President also mentioned that press was “a powerful element’. However, the President also demanded that the press’ authority and power had to be used properly, in a constructive way, and with full responsibility. So then, are the President’s notes a hidden sign that there is something “inappropriate” and “unconstructive” with our press recently? And, what do our officials have in mind when they are talking about a free press? Is this based on some indicators that can be objectively tested, or is it just a hasty judgment after seeing a number of realities regarding the Indonesian press all this time? Certainly, only the President and governmental officials can definitely answer this line of questions. In fact, Indonesian Press regulations nowadays are indeed better than during the New Order era. Since 1999, there has been no obligation for newspapers to have a license. In the past, the license was named the Press Publication Business License (Surat Izin Usaha Penerbitan Pers/ SIUPP), issued by the Ministry of Information. In addition, Law No. 40 of 1999 ensures that the press in Indonesia cannot be subjected to censorship and banishment. 1 President: Indonesian Press is the Freest in Asia, in Antara, January 06, 2009. The news writer inaccurately interpreted Andi Malarangeng’s statement. Because, in the body of the news, Andi mentioned that the Indonesian press is one of the most free in Asia. If it was intentional, of course nothing is wrong. Based on the data of Reporter Sans Frontiers (RSF) in 2008, Indonesia ranked 111, which was defeated by other Asian countries, such as Timor Leste (ranking 65), South Korea (ranking 47), Taiwan (ranking 36), and Japan (ranking 29). In 2009, Indonesia’s ranking was better: 101. In Asia, Indonesia’s position still could not defeat Timor Leste (74), Taiwan (59), Hongkong (48), and Japan (17). The Vice President Jusuf Kalla, in the open dialog on “The Presidential candidate’s commitment to build press freedom”, in Jakarta, on June 22, 2009, also mentioned that the Indonesian press was the best in Asia. See JK: Indonesia Press is the Most Free in Asia, Jakarta, in CyberNews, June 22, 2009. 13 The Threat is from Inside FA.indd 13 8/24/2010 11:33:26 AM
  • 14. The Threat from Within Nevertheless, government policies have not changed much, relatively, for television and radio media. The license for broadcasting media is still required, because the two media, television and radio, are using frequencies in very limited amounts and also including in the public sphere. However, since the reform era, there are much more demands for broadcast media licenses compared to the preceding era. In broadcasting, one situation different from ten years ago is the existence of the Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia/ KPI). The Commission, which was established in 2001, originally had the authority to issue licenses for broadcasting media. Yet, the authority of the KPI for issuing licenses was discharged after this Commission was involved in an authority dispute with the Ministry of Communication and Information. The Constitutional Court, who judged that authority dispute, decided that the government had the right to issue licenses for broadcast media. Finally, the Broadcasting Commission has simply become more of a recommender—in addition to the function of supervising the content of broadcasts. Another fact indicating the era of free press is a tendency towards the increasing of complaints to the Press Council regarding news coverage. Most of the public complaints contain reports of alleged violations of the Journalistic Code of Ethics. From the practical side of journalism, the amount of complaints to the Press Council reflects the amount of violations to the code of ethics, which can also be regarded as the “inappropriate” and “unconstructive” side of press freedom. Even so, in terms of public awareness, the amount of complaints to the Press Council can even be interpreted as something positive. Those trends can be read as the blossoming of a new public trust towards a more elegant resolution of news coverage disputes. Law No. 40 of 1999 states how to resolve news coverage disputes in a “way unthreatening to press freedom”, that is by using the right to reply, right of rectification, and mediation in the Press Council. In order to measure press freedom in Indonesia more accurately, let us take a look at how the international rating agencies make a country’s rank of press freedom. The Freedom House’s Board of Jury, for instance, formulates three primary conditions in measuring a country’s press freedom. They are political environment, legal environment, and economic environment. For more details, see the following table of questions. 14 The Threat is from Inside FA.indd 14 8/24/2010 11:33:26 AM
  • 15. Chapter II Not Dark, But Still A Blur Table 2.1 Supporting Environment for Press Freedom LEGAL ENVIRONMENT POLITICAL ENVIRONMENT ECONOMIC ENVIRONMENT 1. Do the constitution or other basic 1. o what extent are media outlets’ T 1. o what extent are media owned T laws contain provisions designed news and information content or controlled by the government, to protect freedom of the press determined by the government or and does this influence their and of expression, and are they a particular partisan interest? diversity of views? enforced? 2. Is access to official or unofficial 2. s media ownership transparent, I 2. Do the penal code, security sources generally controlled? thus allowing consumers to judge laws, or any other laws restrict the impartiality of the news? reporting, and are journalists 3. Is there official or unofficial punished under these laws? censorship? 3. s media ownership highly I concentrated, and does it 3. re there penalties for libeling A 4. Do journalists practice self- influence diversity of content? officials or the state, and are they censorship? enforced? 4. re there restrictions on the A 5. Do people have access to media means of journalistic production 4. Is the judiciary independent, and coverage that is robust and and distribution? do courts judge cases concerning reflects a diversity of viewpoints? the media impartially? 5. re there high costs associated A 6. re both local and foreign A with the establishment and 5. Is freedom of information journalists able to cover the news operation of media outlets? legislation in place, and are freely? journalists able to make use of it? 7. re journalists or media outlets 6. o the state or other actors try D A to control the media through 6. Can individuals or business subject to extralegal intimidation allocation of advertising or entities legally establish and or physical violence by state subsidies? operate private media outlets authorities or any other actor? without undue interference? 7. o journalists receive payment D from private or public sources 7. re media regulatory bodies, such A whose design is to influence their as a broadcasting authority or journalistic content? national press or communications council, able to operate freely and 8. oes the economic situation D independently? in a country accentuate media dependency on the state, political 8. Is there freedom to become parties, big business, or other a journalist and to practice influential political actors for journalism, and can professional funding? groups freely support journalists’ rights and interests? From the above list of questions formulated by Freedom House, it is shown that there are a lot of aspects that must be tested, examined, and answered honestly when we are measuring a country’s press freedom. For instance, we can take just the legal aspect. The first question that must be examined is, does the Constitution protect press freedom? And, the next critical question: is that constitutional protection enforced? It is well known that there are a lot of laws that are good on paper, but not always followed in practice in the field. Just in the legal aspect, there are at least eight questions that need to be answered. There are questions as to what laws can penalize journalists, are courts independent enough in handling media cases, are there regulations concerning the freedom of information, are people freely establishing media without interference, are there independent bodies for governing media, and can journalists freely perform their profession? In the political aspect, there are also many questions. The questions that must be answered are whether there is interference from the government or other partisan interests in the content of the news coverage, access to sources, censorship practice and pre-censorship; whether the public have access to media coverage in order to ensure their various views. There is also the question about treatment of local and foreign journalists. And, another important question is whether journalists and media are subject to intimidation and physical violations from state officials or other actors. The last aspect is economy. The important question that must be answered is about the 15 The Threat is from Inside FA.indd 15 8/24/2010 11:33:26 AM
  • 16. The Threat from Within influence of the media owners or the government towards the diversity of news or broadcast content. Also, there is the question of transparency of ownership and whether it is concentrated only in some groups. Then, there are questions concerning its affects on the diversity of point of views, the possibility of restrictions in media production and distribution, the efforts to control media through the allocation of cost and advertising, and whether there is an effort to influence journalists’ news and media through money payments. In the calculation of Freedom House, those three environmental conditions contribute an average value of 30 percent, except the legal aspect which has a value 10 percent higher. That is the parameter which finally determines whether the status of a country is free, partly free, or not free. Reporters Sans Frontiers (RSF), a global research organization which promotes press freedom, also uses roughly the same parameters in making the index of a country’s press freedom, although not as strictly classified as Freedom House. There was criticism towards a number of those parameters, which were considered to more greatly reflect conditions or values of the states making the rankings: Freedom House is headquartered in Washington, United States, and Reporter Sans Frontiers is based in Paris, France. But let us take a look at the standards of assessment for other continents. Africa, for example, is through African Media Barometer (AMB). The indicators they use are also more or less the same in principle, although there are differences in some cases. By using the check list according to Freedom House and Reporter Sans Frontiers, the statement of President Yudhoyono that the Indonesian press is one of the best in Asia does have merit. Based on 2009 RSF Data, Indonesia ranked 101 out of 175 surveyed countries. The index of Indonesian Press freedom in 2009 had become better than the 2008 index, which ranked Indonesia 111. But, with the 101 rating, Indonesia was still defeated by Timor Leste (74) and Papua New Guinea (56). On top of Indonesia there were also other Asian countries, such as Japan (17), Hong Kong (48), Taiwan (59), Kuwait (60), South Korea (69), United Arab Emirates (87), Israel (93), and Qatar (94). Besides the press freedom rankings, which are not too crucial, from 2009 until the early semester of 2010, there were a number of occurrences that genuinely threatened press freedom in Indonesia. Anak Agung Prabangsa, a journalist of the local Radar Bali daily newspaper, was killed sadistically. His body was found floating in the waters of the Lombok Starit, on February 16, 2009. The killing case of Prabangsa has become an ugly blot on the history of Indonesia’s press in the past two years. The Committee to Protect Journalists (CPJ), an international organization which actively campaigns for journalists’ safety, put Indonesia in the “Deadliest Country” list, ranked 14th out of 20 countries. After that, in the early morning on July 7, 2010, two Molotov cocktails and one firecracker were thrown by an unidentified person into the office of Tempo Magazine. This attack represents a bad sign for the life of the press in 2010. On July 26, 2010, press workers in Indonesia were also shocked by the death of senior journalist from Kompas, Muhammad Saifullah, in his service home in Balikpapan, East Kalimantan. (At the time of writing this report, the cause of the Saifullah’s death is still under police investigation). 16 The Threat is from Inside FA.indd 16 8/24/2010 11:33:26 AM
  • 17. Chapter II Not Dark, But Still A Blur The series of those events mark a strong signal that violence against journalists has not subsided yet. It confirms the statistics of violent cases recorded by the Advocacy Division of the Alliance of Independent Journalists (AJI) Indonesia. From January until December 2009, AJI recorded 37 violence cases. Although the number decreased compared with 2008, in which 58 violent cases were recorded, the amount of violence in 2009 was still above 2004 (27 cases) and 1996 (13 cases). From the regulatory aspect, 2009 almost produced “a nightmare” which fortunately did not become a reality. In 2009, if not opposed by the media community and other civil society, the government and House of People’s Representatives (DPR) almost legitimized the State Secrets Bill. From the previous discussion, it is clear that the State Secrets Bill diminishes the openness which is provided for by the Law on the Openness of Public Information. Another important thing to note in 2009 is that there are still a lot of defamation cases. In AJI Indonesia’s note, there are at least two critical defamation cases: the defamation court case brought by the former Chief of Regional Police of South and West Sulawesi, Sisno Adiwinoto, and civil action from Raymond Teddy towards Rajawali Citra Televisi Indonesia (RCTI), a news portal of Kompas Cyber Media, Kompas Daily, Warta Kota Daily, a news portal of detik.com, Suara Pembaharuan Daily, and Seputar Indonesia Daily. With so many serious threats towards Indonesian press freedom during 2009 and in early 2010, the increase in the index of Indonesian press freedom in 2009 may not be due to the significant improvement of the press freedom climate in this country. It may have occured because the press conditions in other surveyed countries are also worsening. Molotov Terror against Media THE Molotov cocktail thrown by a stranger in front of Tempo Magazine’s office on July 7, 2010 was clearly not a usual incident for a country not at war. In addition, the Molotov attack happened not long after Tempo Magazine sold out editions as a result of unidentified persons. Tempo magazine’s June 28 to July 4, 2010 edition, entitled “Police Officers’ Fat Account”, covers a main report on some police generals who have suspicious bank accounts. On average, balances in their accounts are far above salary accumulation of people who have a regular police career. Tempo, for example, revealed a police officer holding a position as general inspector had an account of IDR 54 billion. Whereas, the National Police Command’s Head of Criminal Investigation Agency, General Commissioner Ito Sumardi, stated that National Police Chief, the highest official in the institution, received a salary of only about IDR 23 million, including various benefits. The cover of the edition of Tempo Magazine at that time was an illustration, not a photograph. That is, a person in police officer uniform taking three pink piggy banks for a walk. Apparently, the cover of Tempo magazine—and its main report—made the top brass at the National Police Headquarters in Trunojoyo street, South Jakarta, outraged. “Don’t picture us like that. That’s a forbidden animal. Why is it pictured like us?” said National Police Chief, General Bambang Hendarso Danuri, to journalists after the celebration of the 64th anniversary of the National Police in the Police Mobile Brigade Headquarters, Kelapa Dua, Depok, West Java. The National Police Chief did not show his anger openly. 17 The Threat is from Inside FA.indd 17 8/24/2010 11:33:26 AM
  • 18. The Threat from Within But, he said, “Of course, our officers who were on duty in the border region, working in the hinterland, must have felt piqued when seeing that.” The reaction from National Police Headquarters was not only offense. They reported Tempo magazine to the National Police’s Criminal Investigation Agency—an agency within its own institution. The National Police Headquarters reported Tempo as violating Article 207 and 208 of the Criminal Code regarding institutional insult. “We choose legal action. Then, let the legal process resolve it,” said the spokeperson of the National Police Headquarters, Edward Aritonang. The police’s strong reaction provoked solidarity for Tempo Magazine. “Nowadays is not an era for press silencing and criminalization,” said the Rector of Paramadina University, Anies Baswedan, who initiated a statement of support from public figures in Tempo Magazine’s office, Proklamasi street, Central Jakarta. A member of the House of Representatives, Nursyahbani Katjasungkana, who also came to give support, said that the police should be thankful to Tempo magazine. “It must be interpreted as an expression of love in support of the clean police,” said Nursyahbani. The Alliance of Independent Journalists (AJI) Indonesia, in the action statement issued on the same day as the police reported Tempo Magazine, also deplored the police’s action that used articles of the KUHP (criminal code), rather than using the mechanism provided by the Press Law. “It is very unfortunate, when the police use colonial ways to silence Tempo,” said Margiyono, coordinator of Advocacy at AJI Indonesia. According to AJI, the National Police should use the report of Tempo Magazine as a mirror to further increase their quality and professionalism in upholding the law, instead of disputing the media that wrote about the findings of the alleged depravity of their institution. The police, said AJI, must not be as the proverb “ugly face, broken mirror”. In the midst of “the tumult” of news on the police’s anger toward Tempo Magazine and the solidarity that followed, there occurred the throwing of the Molotov cocktail, at around 02.45 am Western Indonesian Standard Time (WIB), on July 6, 2010, at Tempo Magazine’s office. The Molotov cocktail was successfully extinguished at that moment by the security guards who were on guard in Tempo’s office building. No serious damages were caused by the bombs. Shortly after the bombing incident, the police hurried to repulse the possible involvement of their institution in the bombing incident . However, the case was already making the flow of support toward Tempo Magazine more widespread. Demonstrations condemned the bombing were held in several cities. The International Federation of Journalists, an international journalist organization headquartered in Brussels, Belgium, demanded a serious investigation towards the attack. As did the RSF based in Paris, France. In the middle of the flow of national and international criticism, the National Police finally looked at the mechanism stipulated in Law No. 40 of 1999 on the Press. The police filed a complaint against Tempo Magazine to the Press Council. Not even one week later, the Press Council succeeded in mediating between the National Police and Tempo. Both parties agreed to reconcile and stop processing the news coverage dispute through legal means. However, demands for the police to reveal the perpetrators of and motive for throwing the Molotov cocktail at the Tempo’s office have not subsided. Moreover, two days after the Molotov throwing, an activist from Indonesia Corruption Watch, Tama S. Langkun, became the victim of persecution in Duren Tiga region, South Jakarta. There is a similarity of activity 18 The Threat is from Inside FA.indd 18 8/24/2010 11:33:26 AM
  • 19. Chapter II Not Dark, But Still A Blur by Tempo and Tama before the violence: Tempo Magazine wrote a report about some police generals’ suspicious accounts; and Tama also reported a police general who had an unusual account to the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/ KPK). As in the case of the Molotov cocktail thrown at Tempo Magazine, the police also strongly refuted that their institution was involved in the attack against Tama. But, the public did not all of sudden believe the objection. In addition, until the end of July 2010, the police investigation of both cases still has not shed any light yet. The press community and civil society in general, including international organizations such as IFJ, are still waiting for the police to fulfill their promise. The Murder of Prabangsa and the ‘New’ Deadliest Country THE Molotov cocktail thrown at Tempo Magazine’s office is a bad and dangerous sign for the free press. Undoubtedly, this kind of open intimidation is a very clear threatening message. But, what had happened with Anak Agung Prabangsa was far worse. The body of this journalist of Radar Bali Daily newspaper was found floating in the waters of the Lombok Strait, West Nusa Tenggara Barat, on February 16, 2009. Prabangsa began his career as a journalist of Nusa Daily in 1997, before finally moving to Radar Bali Daily in 2003, until he was befallen by this tragic incident. With the murder of Prabangsa, there are at least six murdered journalists in the last 14 years in Indonesia. Allegedly, they were murdered because of carrying out their profession as journalists. The family and management of Radar Bali Daily had reported Prabangsa to the Denpasar District Police because he was missing form his home in Denpasar since February 11, 2009. Strangely, Prabangsa’s motorcycle was found in his home village in Taman Bali, Bangli regency. Prabangsa’s family in Taman Bali confirmed Prabangsa’s arrival. After that, he went to an unknown destination. The officer from the Karangasem District Police who removed the victim’s body believed that it was Prabangsa’s body after seeing the press card issued by Radar Bali Daily in Prabangsa’s pocket. When it was found, the victim’s body had swollen, his head cracked, his tongue protruding, with a torn left ear, his chest and neck bruised, and missing one eyeball. Initially, the police only confirmed that Prabangsa was murdered, not because of accident or other accidental causes. But, the police did not find any indication that the murder was related to Prabangsa’s profession as a journalist. “The results of the investigation are narrowing. Viewed from the motive side, at the time of death the victim was not conducting a news investigation. Besides that, he was an editor, not like all of you,” said the Head of the Bali Regional Police, Teuku Asikin Husein, to the journalists who were interviewing him on February 18, 2009. Later, the police began to find a clear indication when receiving testimony from Prabangsa’s fellow colleagues. The deceased had complained that he was frequently threatened, although he did not clarify who threatened him. The police then began to discover the linkage between Prabangsa’s death with the 19 The Threat is from Inside FA.indd 19 8/24/2010 11:33:26 AM
  • 20. The Threat from Within news he had written. It was about the direct assignment of a project supervisor for some developments in Bangli Education Department, with a value of IDR 4 billion. This finding led the police to a half-built house in Merdeka Bangli street, owned by Nyoman Susrama, who then became the suspect of this murder case. In that house, the police found blood-stained pants of one of the suspects. In a Kijang car, police also found a bloodstain. The police had a firm belief after the Denpasar Center of Laboratory ensured that the two samples were both blood group AB, meaning that they matched with Prabangsa’ blood group. On May 25, 2009, the police announced that Susrama along with six other men were suspects. They are Komang Gede, Nyoman Rencana, I Komang Gede Wardana as known as Mangde. “His motive was pain and suffering,” said the Head of Bali Regional Police, Teuku Asikin Husein. The perpetrators, according to the police, shared a role in taking the life of Prabangsa. Komang Gede, an accounting staff in the development project of an international kindergarten in Bangli, was to pick up the victim. Mangde and Rencana acted as the executors and brought the victim’s body to the Padangbai waters. Dewa Sumbawa was Susrama’s driver. While Endy, a driver and an employee in the Sita water company, was assigned to clean the victim’s blood. According to the police, they were arrested in their houses, after the 100th day of the victim’s death. The exhibits were the blood spills in Susrama’s house, a green Toyota Kijang Rover numbered AB-8888-MK with blood spots in six points. The police also seized a metallic soft green Honda Grand Civic numbered DK-322-YD, blue jeans, a car carpet, and a white sack. Deadliest Countries in From the suspects’ testimony, according to the police, 2009 Prabangsa was murdered in Susrama’s house in Banjar Petak, Bebalang, Bangli, on February 11, 2009, around 16.30-22.30 local Philippines 33 time. Prabangsa was persuaded to go to the house in Banjar Petak, Somalia 9 and then executed by being beaten with wooden sticks. After that, Iraq 4 Prabangsa’s body was thrown into the sea at Padangbai beach. Pakistan 4 Mexico 3 The judge reinforced the police’s conviction. In the court on Russia 3 February 15, 2010, the judge sentenced Nyoman Susrama with Afghanistan 2 life imprisonment. That verdict was lower than the demand of Sri Lanka 2 Nigeria 1 prosecutor, which was the death sentence. The panel of judges, led Venezuela 1 by Djumain, SH, stated that Susrama was guilty of violating Article Nepal 1 340 of KUHP and Article 55 paragraph 1.1 of KUHP regarding joint Turkey 1 pre-meditated murder. “The murder was sadistically done, which Azerbaijan 1 was in opposition to the teaching of ahimsa,” said Djumain2. Indonesia 1 El Salvador 1 The judge believed that the motive for the killing was the Colombia 1 reporting in Radar Bali daily written by Prabangsa on December Israel and the Occupied 1 3, 8, and 9, 2008 about the projects of the Bangli Education Palestinian Territory Department, especially the international kindergarten and Madagascar 1 elementary school projects. Susrama was a chairman of the Iran 1 project’s Development Committee, valued at millions of rupiahs. Kenya 1 Bahan: CPJ, 2009 2 Koran Tempo Daily, Susrama Sentenced to Life Imprisonment, February 16, 2010 20 The Threat is from Inside FA.indd 20 8/24/2010 11:33:26 AM
  • 21. Chapter II Not Dark, But Still A Blur Prabangsa’s death marked a poor record for Indonesia in the eyes of the world. Moreover, Prabangsa was not the first journalist who died because of his profession. The mystery of the previous two journalists’ killing cases hads not even been solved. In the murder case of Fuad Muh. Syafrudin, a journalist in Berita Nasional Daily, on 1996, the perpetrator was never brought to the court until now. While the body of Ellyudin Telambanua, a journalist in Berita Sore Medan Daily, was not found until now. In the CPJ database, Ellyudin was categorized as a missing journalist case. Prabangsa’s case made Indonesia included in the list of deadliest countries for journalists. In the list released by CPJ, Indonesia is in 14th place of those considered as the deadliest for journalists. Indonesia’s position is in parallel with Columbia, Nigeria, Venezuela, Sri Lanka, Nepal, Turkey, Azerbaijan, and El Salvador. This list will be a poor record for the Indonesian press for some time to come. Jakarta’s Fluctuating Statistics and Red Report Card FROM the statistical side, cases of violence against journalists3 have fluctuated over the last 14 years. If the comparison is the situation before 1998, the graphics are far different. The repressive government and the strict media regulations in the New Order era were factors that led to a small amont of media at that time. Journalists also worked in a very careful way (read: full of fear). Consequently, the occurrence of physical violence against journalists was not much. Look at the case data at the end of the New Order era. In 1996, there were only 13 cases of violence against journalists and the media. In 1997, when the power of the New Order era became increasingly unstable, and the media began to critically question the attitudes of the power holders, the amount of cases of violence against journalists increased to 43. The highest numbers were in 1998 (41 cases), 1999 (74 cases), 2000 (122 cases), and 2001 (95 cases). After that, the amount of cases of violence went up and down. In 2004, there were only 27 cases, then in 2005 (43 cases), 2006 (53 cases), 2007 (75 cases), and 2008 (59 cases). Although the trend was up and down, until 2010, statistics relating to cases of violence dropped to the lowest number, as recorded during the New Order era. It is not easy to definitely describe the cause of the up and down statistics of cases of violence against journalists and the media. For some people, venting their anger with violence is considered an “easier” and “cheaper” way than having to deal with the court4. It is necessary to have extensive research to answer why violence is often used by people who are not satisfied with media coverage. A member of the Press Council, Agus Sudibyo5, mentions this peculiar phenomenon as a problem in the transition era, when there were a lot of anomalous events; some were good, but many were bad. 3 t the least, there are nine categories in violence against journalists: (1) killing, (2) imprisonment, (3) attacking, (4) kidnap, (5) censorship, (6) A expulsion, (7) harassment, (8) threat, or (9) legal claim. 4 here is a point of view that the quality of Indonesian media coverage is decreasing compared with the New Order era. There is an explosion in numbers T of newspapers, television, radio, dotcom and other various media organizations. People compete to publish newspapers. But, the number of journalists and editors who understand journalism well is still inadequate. The effect is a lot of news made with poor procedures. More people feel unsatisfied by media. “Violence way is easier and cheaper to reflect disappointment toward news coverage, than the complicated legal way,” said Solahuddin, Secretary general of AJI Indonesia. See Pantau, A Black Spot of Journalism, no date. 5 Interview of Agus Sudibyo, … July 2010. 21 The Threat is from Inside FA.indd 21 8/24/2010 11:33:27 AM
  • 22. The Threat from Within Throughout 2009, based on the monitoring results of AJI Indonesia’s Advocacy Division, cases of violence were dominated by physical violence against journalists. The amount is 18 of 37 cases. After that, there are lawsuit cases (7 cases) and expulsion and prohibition of coverage (3 cases). It is different with the situation in 2008, when from 59 violence cases, 18 were threats, 9 cases were expulsion and prohibition of coverage, and 3 cases were censorship. From the perpetrator side, there is also a difference. In 2008, 20 of 59 violence cases were conducted by mass supporters during elections of regional heads. The second and third most common perpetrators of violence were government officials and police, respectively 11 perpetrators. While in 2009, the most common perpetrators are government officials (7 cases), cadres of the parties (4 cases), and police (3 cases). From the side of perpetrators of violence, the similarity between 2008 and 2009 is on the police who became the third most common perpetrators in both years. Table 2.2 Anatomy of 2009 Violence Cases Region Perpetrator Type of Action DKI Jakarta (6 cases) Government officials (7 cases) Physical violence (18 cases) East Java (6 cases) Cadres of the political parties (4 Lawsuit or legal claim (7 cases) cases) South Sulawesi (5 cases) Police (3 cases) Expulsion and prohibition of coverage (3 cases) North Sumatra (3 cases) Prosecutors and Judges (3 cases) Demonstration (3 cases) West Nusa Tenggara (2 cases) A group from society (3 cases) Censorship (2 cases) Central Java (2 cases) Security or security officers (3 Hostage (2 cases) cases) Bali (2 cases) Hoodlums (2 cases) Harassment and intimidation (1 case) Papua (2 cases) College students (2 cases) Murder (1 cases) West Kalimantan (1 case) An employee of a company (2 cases) East Nusa Tenggara (1 case) Unidentified person (1 case) West Java (1 case) Indonesia Military Forces (1 case) North Maluku (1 case) Businessman (1 case) Banten (1 case) Doctor (1 case) South Sumatera (1 case) Teacher (1 case) Jambi (1 case) North Sulawesi (1 case) Riau Islands (1 case) 37 cases 37 37 The perpetrators of the physical violence against journalists, which was prevalent in 2009, are quite diverse. There are officers of the Indonesian Military Forces (TNI), citizens, and—ironically, also—college students. The triggers of these cases are also not the same. There is the one who refuses for his or her accident case to be reported. But, there is also one because of the perpetrator’s closed stance, because he or she does not want his or her incident to be exposed by the journalist. In the beating case of a local television station journalist in Palembang, Pal TV, Yudi Saputra, the perpetrator, did not want his family’s traffic accident to be covered by the media. While the violence that was experienced by Norik, a journalist of Indosiar TV station, was conducted by a member of the Indonesian Military Air Force who did not like Nonik taking pictures of a plane that had crashed. Another interesting violence case to be noted is the case of Septianda Perdana, a journalist of Antara Sumut media online. He became the victim of violence by students of 22 The Threat is from Inside FA.indd 22 8/24/2010 11:33:27 AM
  • 23. Chapter II Not Dark, But Still A Blur HKBP Nommensen University, Medan, on April 21, 2009. The students were angry because they did not want to be covered when they were in a fight. In this case, Perdana received harsh treatment and was stoned by the students. In Papua, violence occurred as a reaction to the restriction of coverage access for foreign journalists. It is an old policy that has been maintained by local officials and often ends up with the journalist’s expulsion. Three journalists from NRC Handelsblad, Netherlands— Gabriel, Pieter, and Ronald—were arrested after covering demonstration activities about Papuan Independence in front of the Papuan House of People’s Representative’s office, on March 24, 2009. Those three journalists were in a group with the pioneer of the Independent Papua Organization’s establishment, Nikolaus Youwe, who was visiting Jakarta and Papua a couple of days earlier. When Nikolaus’ group returned to the Netherlands, those three journalists were still in Jayapura and covering Papuan independence demonstrations. That was when they were arrested. The Class I Immigration officer of Jayapura, Hendiartono, said that the officers arrested those three journalists because they violated coverage permission from the Ministry of People’s Welfare Coordinator. “The permission is only to cover Nikolaus’ visit in Papua,” said Hendiartono6. AJI Indonesia protested the arrest. That afternoon, in a press release, Chairman of AJI Indonesia, Nezar Patria, condemned the arrest and asked those three journalists to be freed immediately. AJI evaluated that the Immigration officer’s attitude had obstructed journalistic activities7. AJI also regretted the closure of Papua to foreign journalists, resulting in the information flow from Papua to foreign countries becoming obstructed, minimal, and often full of distortions. AJI urged the government to open the widest access for journalists from any country to cover Papua. In the statistics of cases of violence against journalists, one important note is also the area where the cases occurred. In 2009, Jakarta again became the province with the most violence cases against journalists. The previous year, 2009, Gorontalo placed this first position because there were 11 cases of violence that occurred in the province, which was relatively newly established. The return of Jakarta as the reddest province in Indonesia is actually not too surprising. In 2008, Jakarta ranked first because 17 of 75 violence cases occurred in this area. Table 2.3 The Ranking of Red Categorized Provinces (2007-2009) 2007 2008 2009 Ranking 1 Jakarta (17 cases) Gorontalo (11 cases) DKI Jakarta (6 cases) Ranking 2 East Java (14 cases) Jakarta (9 cases) East Java (6 cases) Ranking 3 West Java (10 cases) East Java (6 cases) South Sulawesi (5 cases) Ranking 4 The Province of Aceh (8 cases) East Nusa Tenggara (5 cases) North Sumatera (3 cases) Ranking 5 North Sumatera (8 cases) North Maluku (5 cases) West Nusa Tenggara (2 cases) Source: processed from data of Advocacy Division of AJI Indonesia Not all violence against journalists and the media are in the form of physical violence. Another violence such as through legal process was experienced by the Jakarta Globe (an 6 A news site, vivanews.com, Three Dutch Journalists Arrested by Immigration, March 24, 2009. 7 Tempo Interaktif, AJI Minta Jurnalis Belanda Dibebaskan, Tuesday, March 24, 2009. 23 The Threat is from Inside FA.indd 23 8/24/2010 11:33:27 AM