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Thursday, May 27, 2021 | 09:20 WIB

Preliminary material judicial review hearing of the Job Creation Law on Tuesday (25/5/2021) in the courtroom of the Constitutional Court. Photo by Humas MK/Bayu.

JAKARTA, Public Relations—The Constitutional Court (MK) held the preliminary judicial review hearing of Law No. 11 of 2020 on Job Creation on Tuesday afternoon, May 25, 2021. The case No. 9/PUU-XIX/2021 was filed by Herman Dambea, a commissioner of PT Radio Al-Adha in Gorontalo, North Sulawesi, who challenges a provision on business license in Article 33.

Through attorneys Riyan Nasaru and Rovan Panderwais Hulima, the Petitioner alleged that Article 33 of Law No. 11 of 2020 had harmed his constitutional rights. The article reads, “1. Broadcasting can be carried out after the Business License from the Central Government is obtained. 2. The broadcasting institution shall pay the Business License fee as referred to in paragraph (1) as regulated based on the broadcasting zone/area, which is determined by the economic parameter of each zone/region….”

The Petitioner believes that the establishment of broadcasting institutions and the renewal of broadcasting permit will only be determined by the Government. This means that broadcasting institutions such as the Petitioner’s media company could fail to obtain a broadcasting permit or its renewal if it is deemed incompatible with the interests of the authorities.

“It is undemocratic and keeping broadcasting institutions from fulfilling the rights of citizens to obtain factual information as mandated by Article 28F of the 1945 Constitution,” Nasaru said before the panel chaired by Constitutional Justice Manahan M. P. Sitompul.

Meanwhile, the Petitioner still needs the Indonesian Broadcasting Commission (KPI) as the people’s representation in broadcasting in order to maintain the independence and fairness of the assessment on broadcasting institutions that request broadcasting permit or its renewal.

The Petitioner believes that Article 33 of Law No. 11 of 2020 attempts to change the provisions that are for democracy and decentralization in broadcasting into those that support the oligarchy. This violates the two principles for the democratic press: content variety and ownership diversity.

Also read: Hearing on Broadcasting Business License in Job Creation Law Delayed

The Petitioner is a commissioner of PT Radio Al-Adha, a radio that has been disseminating educational information to the local community as part of a democratic freedom that reflects Pancasila and the 1945 Constitution, following the Decree of the Minister of Communication and Informatics No. 523/KEP/M.KOMINFO/09/2012 on the Principles of Broadcasting Operations Licensing for Private Radio Broadcasting Services dated September 4, 2012.

Justices’ Advice

Constitutional Justice Manahan M. P. Sitompul advised the Petitioner to observe the format of a petition. “The standard format of the petition to the Constitutional Court covers the petitioner’s profile, the petitioner’s legal standing, the Court’s authority, the posita, and concluded with the petitum,” he said after reminding the Petitioner of the correct format of the articles to review.

Justice Manahan also asked the Petitioner to strengthen his legal standing, whether as a representative of the radio or as an individual. He also asked that the Petitioner elaborate the contradiction between the norm being reviewed and the touchstone.

Meanwhile, Constitutional Justice Saldi Isra observed that the Petitioner challenges the Job Creation Law while also mentioned that he challenges the Broadcasting Law. “You’d like to challenge the Broadcasting Law or articles in the Job Creation Law? Please consider,” he asked.

Constitutional Justice Arief Hidayat advised the Petitioner to complete the Court’s authority following the latest Constitutional Court Law, as he observed that the Petitioner still referred to Law No. 24 of 2003.

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Lambang T. S.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/27/2021 13:56 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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