Material judicial review hearing of Law No. 40 of 1999 on the Press to hear the Relevant Party’s expert, Wednesday (6/8/2022). Photo by Humas MK/Ifa.
Wednesday, June 8, 2022 | 22:14 WIB
JAKARTA, Public Relations—The Press Council was formed by the press to regulate itself, thus be called a self-regulatory body, and the consists of media professionals in the majority. Its main task is to deal with public complaints against the media through collective decision-making. In this way, it assures the public of the quality of the information they receive. This shows media professionals’ responsibility so that government regulation of the media is not necessary.
The statement was made by Gati Gayatri virtually at the eleventh material judicial review hearing of Law No. 40 of 1999 on the Press on Wednesday, June 8, 2022 in the Constitutional Court (MK). The case No. 38/PUU-XIX/2021 was filed by three journalists and chairpersons of press companies and legal entity press organizations—Heintje Grontson Mandagie, Hans M. Kawengian, and Soegiharto Santoso. The Court heard the testimony of the Relevant Party, the Indonesian Journalists Association (PWI).
As an expert presented by the PWI, Gati Gayatri further stated that quality information is in line with journalistic professionalism within the function of the Press Council as contained in Article 15 paragraph (2) letter f of the Press Law. In fact, professionalism is upheld by the press in countries around the world as it is needed so that the works of journalists are able to support the press’ social responsibility and benefit and positively influence people’s lives. Journalistic professionalism can be demonstrated, among others, through three indicators: responsibility, competency, and ethical attitude according to the journalistic code of ethics or code of conduct.
“In Indonesia, in order to improve the quality of the journalistic profession, the Press Council according to its function has established journalist competency standards through Press Council Regulation No. 01/DP/10/2018 and has carried out journalist competency tests based on these standards. So, in my opinion, the standard of competency of journalists as a tool to improve the quality of the journalistic profession should indeed be immediately reviewed and adapted to the needs of competency in the current journalistic profession,” Gati explained at the plenary hearing presided over by Chief Justice Anwar Usman and the other eight constitutional justices.
Journalistic Competency
Gati also talked about the need for a review and adjustment of journalistic competency standards, which could be done in several ways, including research on competency needs in journalism, the adaptation of journalistic competency standards—be it special standards for press companies or journalistic education, standards in other countries, and international standards that apply in a number of countries. Such efforts, she added, should be carried out by taking into account the needs of journalistic jobs, with occupation and positions that are increasingly specialized in the current digital era.
“The preparation of journalistic competency standards is needed based on various considerations and views, including for increasing competitiveness and productivity of Indonesian journalists in the global press industry, responding to the demands of increasing professionalism of journalists in the industrial era 4.0, and supporting national development towards Golden Indonesia in 2045. There is a high demand for skilled labor in journalism, the need for the formation of digital journalism competencies in accordance with the development of science and technology, especially information and communication technology, which have changed the current business process of journalism,” Gati explained.
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The Petitioners challenge Article 15 paragraphs (2) letter f and (5) of the Press Law. Article 15 paragraph (2) letter f of the Press Law reads, “The Press Council has the following functions: facilitating press organizations in order to form regulations in press as well as increasing the quality of journalistic professionalism.” Meanwhile, Article 15 paragraph (5) reads, “Membership of the Press Council as stated in article (3) is stipulated by a Presidential Decree.”
At the preliminary hearing on Wednesday, August 25, 2021, the Petitioners asserted that as owners of press companies and legal entities, they felt that their right to form an independent Press Council and to vote for and be elected as Press Council members democratically had been oppressed. In addition, they believe the provision has prevented them from appointing and inaugurating Press Council members. The Petitioners organized a national press congress in 2019, in which its members were appointed. However, due to Article 15 paragraph (5) of the Press Law, the results of the congress were not responded by the president.
The Petitioners also believe Article 15 paragraph (2) letter f of the Press Law must be reviewed because it had led to press organizations losing their right to formulate regulations in press. The Press Council interprets the a quo article that they have the authority to draft and stipulate regulations in press. Therefore, Article 15 paragraph (2) letter f of the Press Law contradicts Article 28, Article 28C paragraph (2), Article 28D paragraph (1), Article 28E paragraph (3), Article 28H paragraph (2), and Article 28I paragraph (2) of the 1945 Constitution insofar as not interpreted as “in forming regulations in the press by each press organization” as it limits the press organizations’ right to develop freedom of the press and uphold the basic values of democracy, promote the rule of law and human rights, respect diversity, exercise supervision, critique, provide corrections and recommendations on public matters, as well as fight for truth and justice.
Writer : Sri Pujianti
Editor : Nur R.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/9/2022 11:55 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
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