Is the Press Freedom Worsening?

 

By: Andian Wiwaha, National Press Industry Observer

Throughout the period of 2016 conducted by Pers in LBH by advocating litigation and non-litigation and conduct monitoring development of the press, the press in LBH many noted that the press is still the target of threats. Cases of the press is increasing, lawsuits and criminal charges (criminalizing jumalis progressively higher until the violence against the press. Not to mention the party, certain parties are trying to suppress freedom of the press by means of silencing through lawsuits and the criminalization of press that aim to silence freedom of expression, freedom of the press and freedom of expression. the case was accompanied by Pers in LBH overall amounted to 33 cases including 8 civil cases, 15 criminal cases and 10 cases of labor disputes.

According to the Pers in LBH throughout 2016, have occurred at least 83 cases of violence and victims of violence is a journalist. The average of them become victims of violence while on duty to cover an event in the field. In terms of locus or at most happen in the Jakarta area 15 cases, 14 cases of West Java and East Java 8 cases. while the category of perpetrators of violence, most are police 16 cases, Civil Servants (PNS) and the mass of unknown amounts to 12 cases and 10 cases of private security guards.

As for the category of physical violence and non-physical most widely experienced by journalists is the prohibition of reporting or expulsion of total 25 cases, 26 cases amounted to persecution and terror threats were 12 cases. Case that consider as the most "brutal" is override women journalists of online media in Medan. Still in Sumatra, a violence online media journalist in Riau with the alleged perpetrator is a member of the police officers. Until this very day the case is still no progress. Then, at least four journalists intimidated while doing coverage in Wamena and Jayapura, Papua into a "vulnerable" to the journalist the work.

In addition, there is the potential for increased violence during the election in the next year. Violence can occur because the media highlights several candidates and is considered an obstacle by supporters of one candidate satr.

The future of broadcasting in the betting, there are some important notes recorded by Pers in LBH related to the licensing process. First, the implementation of the EDP which do not reflect the MPA functions as MPA form of community participation to accommodate the aspirations of the community and to represent the interest of community in broadcasting. Second, the Broadcast Network Application System (SSJ) for 10 private broadcasters.

In addition, the welfare of journalists is ignored. Journalists are also workers who should have the right to a minimum standard that is in accordance with the laws of workers in Indonesia. Layoffs and left the owners of media companies continue to color in 2016.

Cases currently handled are cases of labor disputes and labor are also criminal cases of journalist Indonesia Finance Today. At least the complainant and signed power of attorney to Press in LBH are 17 people. The process of legal efforts are now to employment agencies in South Jakarta, but unfortunately until this moment the company was reluctant to "approach" the journalist / labor and its legal counsel to resolve labor disputes.

Freedom of expression in Law of Information and Electronics Transactionare contrary to the spirit of freedom of expression. Ideals for legal protection related to internet governance plenary back in the fall. Revised Law on Information and Electronic Transactions (UU ITE) is supposed to be a momentum for change to create a regulatory perspective, technology utilization for human rights; it limits the activities of civil society in cyberspace. Although it has gone through two working meetings and five working committee meeting in 1stCommission of DPR. Discussion of the bill to amend ITE still produces regulation that potentially violates freedom of Internet users and setbacks in criminal procedural law. But the true turning point of Information and Electronics Transaction bill has not fully address the needs and support the growth of information and digital technology, the end result of the amendment have not been able to resolve the core issues that were born from the Law of Information and Electronics Transaction.

Potential threats to freedom of the press and freedom of expression in RKUHP, many articles in the Criminal Code that could potentially violate the freedom of expression and freedom of the press, such as with Article 328 and 329 of the contempt of court 284 on defamation against government, 290 on incitement to against  public authority, with Article 302 on Tapping, Article 309-310 of broadcasting false news and news that is uncertain, Section 348.349 of contempt of religion, Article 381 of accessing a computer or electronic system without rights, with Article 407 on defamation against public power or state, Article 469- 473 on violation of decency in public, with Article 481 of showcasing pregnancy’s prevention and abortion, Article 541-548 on defamation, libel and slander, with Article 551 of the Criminal Act Disclosure of Confidential, with Article 644 of the Broadcasting hoax for profit, and Article 771 on the crime of publishing and printing.

Getting Worse?

According to the authors, the era of press freedom today is actually not deteriorating as evidenced by the continued development of the business world in this press industry sector. Even if there are regulations issued by the government concerning freedom of the press, must be believed and understood by the mass media community that the regulation was made not to shut down freedom of the press, but the government efforts in order to create freedom of the press in Indonesia is the freedom of the press are mature, wise and responsible.

Associated with cases of violence against journalists, actually it can be resolved through legal mechanisms in force, but the community of journalists in Indonesia also needs contemplation why did this happen? If violence against journalists due to lack of professional journalists, not obeying the code of ethics of journalists in Indonesia by the journalists themselves or due to factors related to the profession of journalism, then this should be a momentum for the press industry to improve the professionalism of its members through certification exams to be a journalist in fact there needs to be a test of whether the company is still worthy press operation or not. Do not let press freedom in Indonesia into a source of unprofessional journalists development.

 

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