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•   The purpose of Law: Good Governance
    The law is NOT to oppress / punish people, but to PROTECT
    (The law is there to protect, not to Punish)
•
    There simply is NOT a guarantee protection ( legislation just
    right,) because all legislation is a political product
•
    The press law: to guarantee and protect freedom of speech.

•   Freedom of speech allows for control of power

•   Freedom of speech allows for horizontal dialogue between
    citizens
WHY ?
Without freedom of speech:
 No control / supervision against the government.
 People do not know what the government doing
 Power becomes arbitrary - arbitrary
 Leads to oppression
International Law
Universal Declaration of Human Rights (the
 Universal Declaration of Human Rights 1948)

Article 19:

 Every person has the right to freedom of opinion and
 expression: this right includes freedom to hold
 opinions without interference and to seek, receive
 and impart information and ideas through any media
 and regardless of the boundaries (region).
Convention on the Rights of the Civil & Political
 Rights (The International Convention on Civil &
 Political Rights, 1966)
Article 28 F of the 1945 Constitution the amendment:
 Every person has the right to communicate and
 obtain information to develop personal and social
 environment, and is entitled to seek to obtain,
 possess, store, process and convey information by
 using all available channels.
TAP MPR XVII of 1998 on Human Rights
 Article 20
 Every person has the right to communicate and
 obtain information to develop personal and social
 environment.
 Article 21
 Every person has the right to seek, obtain, possess,
 store, process and convey information by using all
 available channels.
Human Rights Act Article 23 (2)
 Everyone is free to have, issue and disseminate
 appropriate conscience opinion, orally or in writing
 through print and electronic media with respect to
 religious values, morals, public order, public interest,
 and unity of the nation
Indonesia Press Law
Law (UU) No. 11 1966 (concerning the provisions of
 the Press-Basic Provisions )
 Law No. 4 /1967
 Law No 21 /1982
Law No 40 /1999
Law No 32 /2002
Law No 14 /2008
Press – Pre Reformation
There SIUPP (Business License Publishing Press).
 SIUPP be revoked, popular with the term BREIDEL
 ( INDONESIA RAYA, TEMPO, DETIK, MONITOR)
 Press under pressure
 Cooptation power of the press
 Terror and violence against journalists
Press- post reformation
Law no. 40 Year 1999 About the Press
 No more SIUPP to establish a press company
PRESS Act has not been fully used
 Still used the Penal Law
Press Terminology
Press:
 Social institutions and mass communication media
 that carry out journalistic activities include the search
 for, acquire, possess, store, process and convey
 information in writing, sound, pictures, and graphics
 data as well as in other forms by using the print
 media, electronic media and all types of channels
 Available
Press Corporation:
 Indonesian Legal Entity that carries out the business
 press covering the company print media, electronic
 media and news agencies, as well as other media
 companies that are specifically organized, broadcast
 or distribute information. (Article 1 (2))
News Agency :
 Press company serving the print media, electronic
 media, or other media and the general public in
 obtaining information (Antara/ Reuter / ApTV / TASS
 / Bernama etc )
 Reporter:
 People who regularly carry out journalistic activities.
 Press Organization:
 The organization Reporters (PWI, AJI, IJTI, etc)
National Press:
 The press conference held Indonesian company
 Foreign Press:
 The press conference held by foreign companies
 Q: What about PLAYBOY INDONESIA? ROLLING
 STONE?
Censorship:
 cutting / editing in part or whole of material
 information to be published or broadcast, the act of
 warning / warnings that are threatened of any party,
 and / or mandatory reporting and obtaining
 permission from the authorities in the
 implementation of journalistic activities
Prohibition:
 Cessation of publication and circulation or broadcast
 by force or unlawfully
 (closing down the magazine TEMPO & THE
 EDITOR)
Hak Tolak
Right to Reject: The right Journalist by profession, to
 refuse to disclose the names and other identities of
 news sources that must be secret
Hak Jawab
Right Answer  right of a person u / provide
 rebuttal or response in the form of fact that harm his
 good name.
Hak Koreksi
Rights Amendments:
 Everyone has rights to correct misinformation that
 was reported by the press, both about themselves and
 about others
Kewajiban Koreksi
Liability Correction
 The requirement to make corrections on any
 information, data, facts, opinions, or images that have
 been reported / published by the press.
Press freedom
Press freedom is one manifestation of popular
 sovereignty which is based on the principles of
 democracy, justice and the rule of law
Three Principles:
DEMOCRACY, JUSTICE, AND SUPREMACY
               OF LAW
Discussion
HAVE PRESS INDONESIA:
 DEMOCRATIC?
 Justice?
 Rule of Law?
Functions
National Press Functions:
 Media Information
 Media Education
 Media Entertainment
 Social Control (Control Society
 The press can serve as an economic institution (Article
 3 (2))
 Managed according to economic principles for
 employee welfare.
 Not ignore its social function.
 Ex: Advertising, Commercial Break etc.
Press Freedom
Press freedom is a human right of citizens (Ps. 4 (1))
 Right To Know (Right to know)
 Right to Obtain Information
 Freedom of Speech (Freedom of speech and
 expression)
Press freedom
People's Sovereignty
 
 Rights (the people) To Know, Opinion & Get
 Information
 
 Press Freedom
 
 Democracy, Justice, Rule of Law
Censorship & Breidel
Not Imposed Against Censorship National Press,
 prohibition, or prohibition on broadcasting. (Ps. 4
 (2))
 [Breidel ever hit the national press, Harian Indonesia
 Raya  Cases of corruption in Pertamina,
TEMPO Magazine, Tabloid DETIK  Ship Purchases
 involving ex-German, policy of President BJ Habibie )
Independence
To ensure the independence of the press, national
 press has the right to seek, obtain and convey ideas
 and information. (Article 4 (3))

 So not only information, but also IDEA. Eg: Editorial
Hak Tolak
In the news accountable before the law, journalists
 have the right to refuse to give information. (Article
 4 (4))

 Objectives Reject Rights: Protecting the interests of
 Information Resources.
 Rights can be used if the reporter questioned by
 officials or investigators and asked to be witnesses in
 court.
 Rights are not absolute decline, therefore can be
 undone: For the benefit and safety of the state or
 public order declared by a court
Hak Tolak
Rights can be used if the reporter questioned by
 officials or investigators and asked to be witnesses in
 court.
 Rights are not absolute decline, therefore can be
 undone: For the benefit and safety of the state or
 public order declared by a court
Case study
Meatball Mice, false Shampoo, siphoned gas
 canisters, fake degree, doctor’s abortion, illegal
 prostitution
 Perpetrators of identity is protected by changing the
 sound, blurring the face, taking pictures with special
 effect technique.
 Should journalists inform the public and
 investigators?
Obligation
Publishing events and opinions with respect for
 religious norms and sense of decency of society and
 the principle of presumption of innocence
 (presumption of innocent)
Religious norms, Social norms, Presumption
                                of Innocent
                                        

                  News
Religious norms, Social norms, Presumption
                                of Innocent
                                        

                  News
DISCUSSION
Has the Indonesian press to accommodate:
Religion and social’s norms?
 Public decency?
 Rule of Law
 Where, when?
The right answer
Serving the Right Answer Mandatory Release  right
 of a person to provide rebuttal or adverse response in
 the form of fact his good name.
 Mandatory Release Correction Rights Serving
 one's right to correct / fix errors as reported by the
 press information either about themselves or about
 others.
Press Law
 Meet the public's right to know.
 Uphold the basic values of democracy, promote the
   rule of law, and human rights and respect for diversity
   (pluralism).

 Developing a common opinion based on accurate
   information, accurate and true.

 Supervise, criticism, corrections, and suggestions on
   matters relating to public interest (public interest).

 Struggle for justice and truth (truth and justice).
Accurate Information
Validity of Data Source must be tested
 Informant who is credible, competent.
 News is fit to print
 Check & Re-Check
Verification
Discussion
Gossips?
 Rumors?
 Privacy vs. the Public Interest ?
 Artist is Public Figure (really?)
Journalist
Free to choose journalism organizations has and
 abides by the Code of Ethics of Journalism

 Explanation of Law:
 Journalistic Ethics: Code of conduct agreed upon and
 set by the organization board of Press Council
Discussion?
What if the reporter chose not to join any
 organization journalist? What Code of Ethics to
 wear?
 Do have and adhere to the Code of Ethics of
 Journalism is an obligation?
Journalist
In Implementing profession reporter gets legal
 protection (Article 8)
 Explanation of Law:
 The term "legal protection" is a guaranteed protection
 of the Government and or the community told
 reporters in carrying out the functions, rights,
 obligations, and its role in accordance with the
 provisions of the legislation in force.
Press Companies
Those entitled to establish Company Press only:
 A citizen of Indonesia (WNI)
 and State

 Company press release should be incorporated in
 Indonesia (Limited Liability Company, etc.)
Journalist as a employee
Press Corporation provides welfare to journalists and
 press workers in the form:
 Ownership of shares and / or;
 Net income
 Other forms of welfare: increased salaries, bonuses,
 insurance etc. Giving to the agreement between
 management and journalists and press workers.
 Note: The formulation of Article 10 does not expressly
 require the Press Company to provide welfare to the
 journalists and press workers.
Critical Note: The formulation of Article 10 does not
 expressly require the Press Company to provide
 welfare to the journalists and press workers.
 Foreign capital can enter the company through the
 capital market  press is restricted so as not to reach
 a majority stake (≥ 51%)
 Press Company must publish the name, address,
 person in charge openly through the media
 concerned. Specifically for the issuance of the press
 coupled with the name and address printing.
Questions?

       Thank You

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Press law 2 okay

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