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Candi Sinaga representing the Indonesian Cable TV Operators Association (GO TV Kabel Indonesia) in the judicial review hearing of the Electronic Information and Transactions (ITE) Law and the Copyright Law, Monday (24/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The spread of members of GO TV Kabel Indonesia (the Indonesian Cable TV Operators Association) in the cities, in remote areas, the mountains, and state borders is aimed at helping the state disseminate information to all Indonesian people through broadcast and helping the state maintain the Unitary Republic of Indonesia, said Candi Sinaga representing the Indonesian Cable TV Operators Association (GO TV Kabel Indonesia) in the judicial review hearing of Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE) and Law No. 28 of 2014 concerning Copyright on Monday (24/2/2020) at the Constitutional Court (MK).

Candi said currently the association members provide 10 percent of the channel\'s capacity for programs by public and private broadcasters. However, he revealed intimidation and pressure by major TV groups in Indonesia. 

"However, there is always pressure and intimidation from big TV groups in Indonesia, either through warning, police reports. Some were even [declared] suspects by the police in the regions. Even though we have fulfilled our obligations as micro-small and medium businesses and obeyed the rules, [our] members were treated like criminals by large TV groups who have subpoenaed and reported [our members] to the police with the legal argument of the Copyright Law," said Candi to the constitutional justices led by Chief Justice Anwar Usman. 

Candi explained that a number of problems had eliminated the constitutional rights of GO TV Kabel Indonesia members in carrying out the Broadcasting Law\'s provisions but the Indonesian Broadcasting Commission (KPI) seemed unable to do anything about it. Based on the results of the KPI national coordination meeting (Rakornas) in 2019, it was determined that free-to-air programs are free in subscription broadcasting institutions. In addition, there was a memorandum of understanding between KPI and the police regarding the implementation of law enforcement on technical assistance and capacity building for human resources in the field of broadcasting. This MoU basically regulates crime in the broadcasting field. However, in reality, every time the police receives a report related to any GO TV Kabel Indonesia members, they immediately determines the GO TV Kabel Indonesia members as suspects. 

 Also read: Banned from Transmitting Electronic Information, Broadcasting Company Challenges ITE Law

Upholding the Law 

Mulyadi Mursali of the Indonesia Cable Television Association (ICTA) said that ICTA aims at realizing independent cable TV business, upholding the laws and regulations of the Republic of Indonesia, as well as showing discipline and ethics in realizing an educated, dignified, and responsible broadcasting community. In addition, ICTA carries out safeguards to maintain business continuity, empowerment, as well as provide advocacy and guidance in labor relations issues and disputes.

Meanwhile, attorney of the Relevant Parties (PT Kalimantan Multimedia and seven other companies) Ivone Woro Respatiningrum said that Section X of the 1945 Constitution on human rights, especially Article 28F, reads, "Each person has the right to communication and to acquiring information for his own and his social environment\'s development, as well as the right to seek, obtain, possess, store, process, and spread information via all kinds of channels available."

"We are small and medium business legal entities doing broadcasting. The businesses in the broadcasting sector are public broadcasting institutions, community broadcasting institutions, private broadcasting institutions, subscription broadcasting institutions, all have rules in organizing broadcasting in accordance with applicable laws and regulations in Indonesia. Our effort is to provide subscription broadcasting via cable and we have obtained a broadcasting permit from the Government. In this case, the permit was issued by the Ministry of Communication and Information," Ivone explained. 

However, Ivone added, when they were running a cable TV broadcasting business, they received a subpoena from a large broadcasting company ordering them to stop broadcasting private broadcasters\' channels for alleged violations or criminal acts in broadcasting. 

The case No. 78/PUU-XVII/2019 was petitioned by PT Nadira Intermedia Nusantara, who challenges Article 32 paragraph (1) of the ITE Law that reads, "Any person who knowingly and without authority or unlawfully in any manner whatsoever alters, adds, reduces, transmits, tampers with, deletes, moves, hides electronic information and/or electronic records of other persons or of the public." 

Article 25 paragraph (2) letter a of the Copyright Law reads, "The economic rights of Broadcasting Organizations as referred to in Section (1) include the exclusive right to authorize or prohibit others from engaging in: a. Rebroadcasting of a broadcast.…" 

The Petitioner argued that they had been disadvantaged by the enactment of Article 25 paragraph (2) of the Copyright Law because they were deemed having done "re-broadcast." The Petitioner, who exercises the provisions of the Broadcasting Law to distribute at least 10% of the programs of public broadcasters (TVRI) and private broadcasters (private TV-stations that broadcast free to air), was reported by PT MNC SKY VISION to the police for rebroadcasting MNC Group\'s TV contents. (Nano Tresna Arfana/Halim/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 2/25/2020

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