Moch. Ojat Sudrajat conveying his arguments at the judicial review hearing of Law No. 40 of 1999 on the Press, Monday (2/13/2023). Photo by MKRI/Panji.
Monday, February 13, 2023 | 16:21 WIB
JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing of the judicial review of Article 15 paragraph (2) letter d of Law No. 40 of 1999 on the Press on Monday, February 13, 2023 in the panel courtroom. The petition No. 13/PUU-XXI/2023 was filed by Moch. Ojat Sudrajat.
Article 15 paragraph (2) letter f of the Press Law reads, “The Press Council has the following functions: d. give consideration and find solutions for any complaint lodged by public towards cases related to press reporting.”
Before Constitutional Justices Daniel Yusmic P. Foekh (panel chair), Enny Nurbaningsih, and Manahan M. P. Sitompul on site at the Court, the Petitioner asserted his constitutional rights to recognition, guarantee, protection, fair legal certainty, and equality before the law on “cases related to press reporting” by journalists and/or press companies that are not listed with the Press Council; “cases related to press reporting” in the form of hoaxes, slander, insults, and/or libel that disparages the dignity and honor of individuals, legal entities, and public bodies; and/or news articles that invoke hate or enmity among individuals and/or certain groups based on ethnicity, religion, race, and group (SARA).
“The Petitioner experienced an issue due to news reporting that slandered the Petitioner’s name, hoaxes and false news. However, the resolution must go through the Press Council, which only (resolve) news reporting by (media) in the Press Council’s list, while those outside of the Press Council was outside of its jurisdiction,” he said.
In his petition, the Petitioner asserted that the provision, especially the phrase “cases related to press reporting”, ambiguous, including whether such reporting include that by journalists and/or press companies that are not listed with the Press Council and whether it includes “all citizens are equal before law and government and must uphold law and government without exception.”
He asserted that such negative press reporting had led to real-life consequences for him, such as discomfort, humiliation, disappointment, and negative emotions. Meanwhile, he said, the criminal allegation could not be reported to law enforcement because Article 15 paragraph (2) letter f of the Press Law stipulates that it be resolved with the Press Council.
He revealed that the media company BP reported that ASN (state civil apparatus) and non-ASN educators in SMKN 2 of Serang City were 193, while the education data system (DAPODIK) data, which the Petitioner downloaded off the ministry’s website, showed the number was at 152, which matched the school’s information. The same case happened with the number of educators in SMAN 2 Pandeglang. BP reported it at 108, while DAPODIK and the school said it was 84.
BP claimed such discrepancies indicated “ghost number” and had caused loss to the region since their pay were still paid through the regional budget (APBD) of Banten Province. It also alleged that the pay was received by officials in the province. Despite counter-claim from relevant parties, the reporting remained massive and its journalist even received award. The reporting created uproar, so the Petitioner as an observer of education and public policy believes that “right to correct” must be used.
The Petitioner’s report to the Press Council only resulted in the issuance of a temporary assessment and recommendation in Letter No. 1406/DP-K/X/2022 dated October 26, 2022, which took 54 days or almost 2 months. The report was only decided “finally” by the Council on December 1, 2022 or about three months after it was lodged.
In its reporting, BP alleged that on December 9, 2022, members of the nonprofit organization sued the Ombudsman in the Jakarta State Administrative Court (PTUN) relating to the final assessment of the Coalition of Civil Society’s report of the appointment of the acting head of region. The organization also sued the Ombudsman of Banten Province in the PTUN of Serang and in the PTUN of Jakarta. The organization in question is Perkumpulan Maha Bidik Indonesia, whose chairman is the Petitioner.
The Petitioner observed that there have been conflicts between members of the press with the community, in this case individuals or bodies, due to press reporting. It seems these informants made reports as a deterrent effect and to prevent special treatment for journalists and/or head of media organizations.
The Petitioner asserted that not only his constitutional rights, but also those who had been slandered but could not file a criminal lawsuit, had been harmed by the enactment of the article. This will keep happening while the article is still in force.
The Petitioner believes the a quo article along the phrase “cases related to press reporting” is unconstitutional and, thus, must be declared not legally binding.
Justices’ Advice
In response, Constitutional Justice Enny Nurbaningsih advised the Petitioner to observe the Constitutional Court Regulation (PMK) No. 2 of 2021. “The Petitioner’s profile doesn’t need [NIK/resident identity number]. Follow Article 10 of PMK No. 2 of 2021, only name, nationality, occupation, and address,” she said.
She also advised the Petitioner to make the part on the Court’s jurisdiction more systematic by adding the Constitution, the Judicial Law, the Constitutional Court Law, and other statutory laws.
Meanwhile, Constitutional Justice Manahan M. P. Sitompul advised that the norm being petitioned be included in the argument on legal standing. “So, the constitutional impairment due to the enactment of the norm is clearly seen. Seeing your elaboration, the norm has not been included, i.e. [the one showing] that the Press Council exercises several functions,” he said.
Writer : Utami Argawati
Editor : Nur R.
PR : Muhammad Halim
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 2/14/2023 09:14 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.
Monday, February 13, 2023 | 16:21 WIB 292