What is the law that regulates the press in Indonesia?

JAKARTA (Antara)-Law of the Republic of Indonesia Number 40 of 1999 concerning the Press is a legal basis governing the ins and outs of press activities in Indonesia. This law is designed to ensure press independence as a form of people’s sovereignty, based on the principles of democracy, justice, and the rule of law.

The following is a description of the scope and important provisions in the law.

1. Definition of the Press and Scope of Activities

According to Article 1 of the Press Law, the press is defined as a social institution and a vehicle for mass communication that carries out journalistic activities, ranging from searching, obtaining, owning, storing, processing, to convey information in various forms.

This activity can be done through print media, electronic media, and other channels. In addition, the term “press company” refers to the Indonesian legal entity that runs a press business, including print media, electronic media, news agencies, and other media that spread information.

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2. The principles, functions, rights, and obligations of the press

This law confirms that press freedom is a human right. The national press, which is managed by the Indonesian press company, has the right to find, obtain, and disseminate ideas and information.

On the other hand, the press also has an obligation to preach events and opinions while respecting religious norms, a sense of decency, and the principle of presumption of innocence.

The national press has several main functions, including:

• Providing information, education, entertainment, and social control.
• Become an economic institution.
• Uphold the basic values ​​of democracy and the rule of law.
• Develop public opinions based on appropriate, accurate, and correct information.
• Supervise and provide criticism and suggestions for the public interest.

In addition, the press is also required to serve the rights and rights of correction, providing space for parties who are felt to be disadvantaged by the news to provide responses or improve information that has been disseminated.

3. Protection and Freedom of Journalists

In the implementation of his profession, journalists get legal protection as stipulated in Article 8. Every journalist is free to choose a journalist organization, and must obey the journalistic code of ethics.

The rejecting rights owned by journalists, namely the right not to reveal the identity of news sources, is also regulated to maintain the integrity and security of information sources.

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4. Provisions for press companies

Articles related to the press company regulates several important things, including:

• The right of every citizen to establish a press company, with the condition that the press company must be in the form of an Indonesian legal entity.
• Giving welfare to journalists and press employees through share ownership or net profit sharing.
• The obligation to announce the company’s data openly, as well as the determination of the prohibition on the loading of advertising that can lower the value of religion, disrupt harmony, or contrary to the decency of the community.

5. The Role of the Press Council

To maintain and develop the life of the national press, an independent press council was formed. The Press Council has several main functions, such as:

• Protect the press independence from the intervention of other parties.
• Conduct assessment and development of press life.
• Establish and oversee the implementation of journalistic code of ethics.
• Facilitating press organizations in preparing regulations and improving the quality of the territorial profession.

The membership of the Press Council consists of journalists, the leaders of the press company, as well as community leaders and experts in the press field, whose term of office is set for three years and can be re -elected for the next period.

6. Provisions for foreign press and community participation

In terms of foreign press, the law regulates that the circulation of foreign press and the establishment of representatives of foreign press companies in Indonesia must be adjusted to the provisions of the applicable laws and regulations.

In addition, the community was also given an active role to develop press independence through monitoring and submitting proposals to the Press Council, in order to maintain the quality of the national press.

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7. Criminal Sanctions and Provisions

The Press Law also contains criminal provisions to maintain obedience to established regulations. Any actions that hinder press independence, such as censorship or disbursement of reporting, can be subject to criminal sanctions in the form of prison sentences or fines.

Press companies that violate the provisions regarding reporting, data announcements, and advertisements that are contrary to the applicable norms, are also subject to sanctions in accordance with the stipulated provisions.

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At the end of the law, the transitional provisions stated that the legislation in the old press field remains in force as long as it does not conflict with Law Number 40 of 1999.

The press company that existed before this law was applied to be required to adjust to the new provisions in the specified time.

Overall, the Law of the Republic of Indonesia Number 40 of 1999 concerning the Press is a comprehensive legal basis for the development of national press.

By ensuring the press independence of the press and setting rights and obligations for all parties involved, this law plays an important role in supporting the creation of independent, informative, and responsible media in democratic society.

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Reporter: Raihan Fadilah
Editor: Suryanto
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