Freedom of the Press

Press Council Cannot Ban Mass Media

VIVAnews - The Constitutional Court agreed upon the proposal put forward by eight editors-in-chief of various mass media to annul the authority of the Press Council and Indonesian Broadcasting Commission to ban mass media. The Constitutional Court stated that article 98 section 2, 3 and 4 as well as article 99 section 1 and 2  of Law No.10/2008 on the Elections are unconstitutional.

According to the Constitutional Court, the sections attached in both articles cause legal uncertainty, injustice and are against the principles of freedom of expression. "The Court also stated that the grounds presented by the appellants were reasonable so that the appeal is fully approved," said Head of the Constitutional Court, Mahfud MD, on Tuesday, Feb 24, during a court session in Jakarta.

The Court then declared that the reviewed articles were against the 1945 Constitution and articulated that the articles had no legal bases.

The appellants of the judicial review included Editor-in-chief of Harian Terbit, Tarman Azzam, Editor-in-chief of Sinar Harapan, Kristanto Hartadi, Editor-in-chief of Suara Merdeka, Sasongko Tedjo, Editor-in-chief of Rakyat Merdeka, Ratna Susilo Wati, Editor-in-chief of Koran Jakarta, Marthen Selamet Sutanto, Editor-in-chief of Warta Kota, Dedy Pristiwanto, and Editor-in-chief of Cek & Ricek, Ilham Bintang.

They questioned matters concerning the obligation of mass media to provide equal opportunity to Elections participants in giving spaces to campaign advertisements stipulated in Articles 93 section 3 and 4, Article 94 section 1, 2 and 3, Article 95 section 1, 2, 3 and 4, Article 96 section 4,5,6 and 7, Article 97 of Law on the Elections. Any violation against the said articles is specified on Article 98 section 1, 2 and 3 and Article 99 letter d, e and f as well as Article 39 section 3 of Law on the Elections.

If mass media do not comply with the said articles, they may be subject to ban. Given the situation, the appellants considered that there will be legal uncertainty over press industry especially mass media.

According to the appellants, the sanctions are against Articles 27 section 1, Article 28D section 1, Article 28F, Article 28H section 2, Article 28I section 2 and Article 28J section 1 of the 1945 Constitution and Law on Press.

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Translated by: Bonardo Maulana Wahono

Nikita Mirzani

Terungkap, Alasan Rizky Irmansyah Sukses Curi Perhatian Nikita Mirzani

Di mata Nikita Mirzani, Rizky Irmansyah adalah sosok laki-laki berbeda dan memiliki daya tarik tersendiri.

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VIVA.co.id
29 Maret 2024