JAKARTA, (Indonesia) OMIKAMI-TV -The rampant criminalization and violence that occurs to Press Personnel in carrying out their duties and obligations in the Unitary State of the Republic of Indonesia is a separate black ink record for press actors, press observers, press organizations and press companies towards the performance of law enforcement officials in implementing Law Number 40 of 1999 concerning the Press to the fullest.
We all know that the freedom of the Press is a form of people's sovereignty that adheres to the principles of Democracy, Justice and the Rule of Law and is a very important element in order to create a democratic life of society, nation and state, so that the freedom to express thoughts and opinions as stated in article 28 of the 1945 Constitution can be fulfilled and get full guarantees.
While protecting the freedom of the Press from interference by other parties that should be the responsibility of the Press Council, it seems that until now it has not been able to run optimally. It is proven by the many criminalizations that befall the Press Personnel which are carried out not only by OTK, certain individuals and even carried out also by Law Enforcement Officers when they carry out their duties and obligations as press actors.
Where law enforcement officers should understand more about the Press Law and be more proficient in implementing it to be more prudent and prioritize professionalism in carrying out their duties and obligations.
The move by the Press Council to carry out an MoU with the Police in this case according to our judgment is appropriate but not perfect, in addition to the lack of firmness in the clause contained in the MoU coupled with the absence of an MoU made by the Press Council with various other Judicial Institutions which also have an important role in carrying out the Legal Effort Process to uphold the Rule of Law.
Where there is still a lot of criminalization of press actors who continue to advance on the green table, although there has been a decision of the Press Council which states that it is included in the Journalists' product of the "Out of Court Settlement" carried out by the Press Council on both sides, as well as the fulfillment of the provisions set by the Press Council.
In addition, there is no action carried out by the Press Council by providing Legal Aid, Legal Assistance and Legal Defense to Press Actors who have experienced criminalization carried out by Law Enforcement Officials.
So it seems that the 1999 Press Law which became the legal umbrella for press actors in carrying out their duties and obligations seemed unable to fully protect them when experiencing Intimidation, Terror, Destructive, Conflict of Interest and Kidnapping and even Murder in the field.
One example is the problem experienced by the Editor-in-Chief of the poskeadilan.com, Kimsan Indra Simare-mare, where he received a lawsuit related to the news on April 13, 2020 with the title "Lawsuit With Fantastic Value, This Widow Seeks Justice". Where the content of the news is disputed by the Plaintiff's Attorney.
According to Kimsan, the news is a Journalist Product whose implementation is in accordance with press law Number 40 of 1999.And the news is the result of information, confirmation and investigations that he carried out.
"We have done Cover Both Side (News Balance) before our news is broadcast because everything is complete, date and time, regardless of our shortcomings as ordinary humans," explained Kimsan, on Wednesday (13/04/2022) at PN Bekasi Kota.
He further explained to the media crew that since Somasi was laid out he has always been cooperative.
"In fact, we have been heard with the DP (Press Council-Ed) in October 2020 through a Zoom Meeting," he added.
He continued, "I have participated in the trial twice, and honestly the ending of the trial, I regret the decision of the DP (Press Council-Ed). We are asked to make a Right to Answer and an apology, even though the news we make is in accordance with the Code of Journalistic Ethics. However, we still obey the DP's decision, respectingdp as the Parent Organization of the Press, our Parents,'' Kimsan said while complaining.
The most concerning thing is after the decision of the Press Council, because one year later the Plaintiff's Attorney invited Kimsan Simare to come to his office in Tebet, East Jakarta on April 23, 2021.
"In this office I felt framed and lied to by the patient. He (Sabar) asked me to make a handwritten letter containing that, I apologise back to Sunedha.My ID card was also requested and in the photo copy, which turned out to be all to add material to sue us in the Bekasi Kota District Court," he said.
On the other hand, Deni Hermawan, SH as the Attorney of PT Simare Pos Keadilan including Kimsan Indra Simare-mare emphasized that, "Regarding the lawsuit against Pimren Media Online poskeadilan.com the press council should also be involved in it," he said.
"Because,"said Denny, "As the Council of the Press, the Press Council must provide assistance to the Pemred Post Justice," said Denny in a high tone.
Judging from this issue, which is one of the many criminalizations carried out by APH individuals against Press Personnel, where it should be if they understand about press law Number 40 of 1999 which in fact the Press is included in the category of "Lex Specialist", it is appropriate for the APH to immediately stop the case at an initial level, because there has been a decision of the Press Council regarding it through the "Out of Court Settlement" which was later Case Is Closed.
Clearly Implement Law 40 TH 1999
Another case that happened to Jurnalsukabumi.com journalist, Ilham Nugraha was beaten by an unknown person (OTK) while carrying out his duties in Palabuhanratu, on Monday (13/6/2022), which led to mobbing.
Regarding this event, the Chairman of the Indonesian Journalists Association (PWI) of Sukabumi Regency, Asep Solihin, is very concerned about the ongoing cases of violence against journalists. He strongly condemned various forms of violence, especially against journalists who were carrying out their professional duties.
"The issue of mobbing Ilham Nugraha, a journalist jurnalsukabumi.com should not have happened. This makes all press people sick," said the man who is affectionately called Kang Avhes, Sunday (19/06/2022).
In fact, he assessed that violence against journalists should be a trigger to unite all media circles.
"This kind of case should not be repeated, Don't stop....!. The case must continue and be in accordance with the provisions of the law," he said.
The issue is not about likes or dislikes, but rather the role and duties of journalists having their own Press Law.
"This should be a lesson for the community, the implementation of Law No. 40 of 1999. Anyone who obstructs journalists while performing journalistic duties, will be subject to legal action under article 18 paragraph 1," he said.
In addition, there is also a case of stoning and persecution committed by a number of Unknown Persons (OTK) against the Chairman of Indonesian Cyber Media Union (SMSI) Mandailing Natal (Madina) Regency, Jeffry Barata Lubis on Friday night (4/3/2022). The report, which was motivated by reporting and journalistic duties, was carried out by a group of people from elements of one of the local Youth Organizations (OKP).
"With the officially reported mistreatment of SMSI chairman Madina to the local police, we urge the police to investigate and process the law of the perpetrators. If there is enough evidence and witnesses, then the perpetrators must be arrested immediately for trial," said the Chairman of the Central SMSI, Firdaus accompanied by the Head of Law, Arbitration and Legislation, Makali Kumar SH.
According to Firdaus, his party urged the police to thoroughly investigate the case of violence. The perpetrators must be held accountable for their actions, by prosecuting the perpetrators for their acts of committing violence against journalists.
Makali Kumar emphasized that journalists while carrying out their duties are protected by law and comply with the journalistic code of ethics. Thus, what was done by the group of people has violated Law Number 40 of 1999 concerning the Press, and committed criminal acts regulated in the Criminal Code.
"In the Press Law, in addition to guaranteeing press freedom in Indonesia, it also threatens that anyone who deliberately commits actions that result in obstructing or obstructing journalistic work can be criminalized. Moreover, what smsi chairman Madina experienced, apart from being hampered by his journalistic duties, was also persecuted," he said.
Therefore, explained Makali, the actions of the perpetrators of the persecution of Jeffry Barata Lubis (Chairman of SMSI Madina), have injured the values of press freedom, and have hurt the public's right to obtain information.
The parties involved in this persecution, constituted an attack on press freedom and violated the Criminal Code and Press Law Number 40 of 1999.
"The Central SMSI condemns the act of violence and demands that all perpetrators be tried and sentenced according to the applicable law," Makali said.
The Importance of Government Legal Protection Guarantees
Given the importance of "Legal Protection" for Press Personnel in carrying out their duties and obligations and for the establishment of the Rule of Law in the Unitary State of Rapublik Indonesia.
We request that the Press Council can review the MoU that has been made with an emphasis on strict penalties for violators on both sides and add to the making of mous with other law enforcement agencies for the sake of justice and so that there are no criminalization loopholes at every stage of legal remedies.
To the President of the Republic of Indonesia and the House of Representatives of the Republic of Indonesia, of course, we ask and hope that we can immediately encourage the implementation of "Legal Protection" for Press Personnel to be obeyed optimally by all Law Enforcement Officers and the public, so that it can be seen "Certainty of Legal Protection" clearly Guaranteed Protection of the Government and or the public in carrying out their functions, rights, obligations and their roles in accordance with applicable laws and regulations.
(Irwan Awaluddin.SH) OMIKAMI-TV
Edutor-in-Chief of Media Hukum Indonesian
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