Stop criminalizing the media, says AJI

Jakarta

The Alliance of Independent Journalist (Aliansi Jurnalis Independen-AJI) has made several recommendations to stop the criminalization of the press, which include the issuance of a Supreme Court circular requiring that decisions in press cases follow jurisprudence.In Indonesia, courts currently convict journalists and media companies over charges of defamation based on libel articles in the Criminal Code. Dyah Aryani, program manager for the Indonesia Media Law and Policy Center, said Indonesia embraced the continental legal system, which does not compel judges to follow precedents set in the application of the law.  

Source: The Jakarta Post  newspaper, Thursday (28/6). p. 9

Bakrie Telecom to raise $145m Syndicated loan for expansion

The Jakarta Post, Jakarta

Publicly listed telecommunication firm PT Bakrie Telecom Tbk will raise US$ 145 million in the form of a syndicated loan from a consortium of overseas financial institutions.President director Anindya Novyan Bakrie said Tuesday that the company would use $ 95 million of the loan to partly finance network expansion and the remainder to refinance debt worth Rp 450 billion (US$ 50 million).The loan will mature in five years, including a two-year grace period, and will cary an interest rate of around nine percent, or four percent above the London Interbank Offered Rate (LIBOR) – the world benchmark for short-term interest rates. The loan agreement was signed recently by the company and the consortium, with Credit Suisse acting as the lead arranger.

This year, Bakrie Telecom will expand its network to 17 big cities around the county, including Semarang, Yogyakarta, Surabaya, Medan and Padang. At present, the CDMA operator only serves Jakarta, and West Java and Banten provinces. “These 17 cities are prospective markets for our business as we have discovered that most of their residents suit our customer profiles in the sense that they are value-oriented,” Anindya said, adding that the company was running a major television advertising campaign for its cellular brand, Esia.“By the end of this year, we will have covered 34 cities around the country.”

The company will spend $220 million on capital investment this year. It expects to double the number of its subscribers by the end of this year to 3.6 million, comprising 3.1 million in Greater Jakarta, and West Java and Banten provinces, and the remaining 500,000 in the new coverage areas. As of the end of the first quarter, the company had around 1.8 million subscribers.By way of comparison, Bakrie Telecom’s competitors PT Telkom and Mobile-8 have five million and two million subscribers, respectively.

Besides its Esia brand, Bakrie also operates its Wifone wireless fixed service, Wimode wireless internet service and the Esia-tel chain of telephone kiosks.To raise more fresh capital, the company also plans to issue bonds worth Rp 500 billion in the third quarter of this year.In the first quarter, its net profit surged 134 percent to Rp 16.25 billion from Rp 120 million in the corresponding period last year. (04) 

Source: The Jakarta Post  newspaper, Wednesday (27/6). p. 13

Press Banning Reincarnate?

by Indriyanto Seno Adji

(Mass Media Law Lecturer at law department of Universitas Indonesia’s postgraduate program)  

In the era of democratization nowadays, constitutionally guarantee for freedom of opinion and expression is not given adequate space for that freedom. Some time this freedom chained with pre-emptive method using new reflectivity, in the meaning of political pressure or social pressure with accentuation to political-mass mobilization or public-mass, with or without such of material vision.  Press world not apart from relation between power, society, and individual whose needs a kind of information balance between that three components. Its mean, any implication to statements, written or spoken, will give solution direction to law judgment, not using non-extra journalism likewise mass mobilization, occupancy of mass media office, and another violence formulation, as well as non-democratic prevention way as concept actualization of press banning.’ 

Must be avoided

Non-populist actions against press must be avoided, like Jawa Pos daily case in the term of its reportage which implicated that media must facing with hundreds of Banser GP Ansor Surabaya. (paramiliter body of Nahdlatul Ulama, one of big mass organization in Indonesia-BMH). This mass mobilization called political-mass, meanwhile public-mass happened in relation of the case of Tempo magazine which performed as a barrier for press freedom principle, and moreover this public mass has violence as reactive tools for news substance. This second barrier for press freedom looked as new phenomenon against press prevention which absolutely dislike by the law. In one side, reform era is a test for press freedom itself, in the other side as social and law introspect to its reportage.

Press prevention concept is press banning actualized as authoritarian representation. We don’t want press prevention syndrome happened any more. That’s it, history write it down that a free and responsible press treated as power illusion symbol only although section 4 of State Law number 11 year 1966 juncto State Law number 21/1982 (State Law number 40/1999 about Press) give restriction against any prevention actions such as censorship, shut-down, or broadcasting restriction, even section 4 verse 1 State Law number 4/1999 giving press freedom guarantee as civil human rights stated that press must be free from any prevention actions, restrictions, and or pressure to secure people’s right to access information. 

There is law’s limitation

We recognize, press freedom thought in this democratization era aimed to libertarian thought as absolute press freedom form, but in this freedom context must be present legal responsibility for press. Universal press freedom in the world of democracy must sustain two conditions. First, limitative rule, which is it is not legalized the existence of any normative law product creation which implies to limit that press freedom itself, furthermore absolute restriction to do any prevention action including banning and censorship. Second, democratic rule, which is it is not legal to suit press with criminal code against any statements that have privet tendency.

Law anticipation action should better owned by press institution. Press should not protect themselves with rejection right immunity provided by State Law. Press power doesn’t lies on the present of reportage that fulfill cover both sides requirements or getting news source as accountable investigating news. Giving any analysis and opinion which in contradiction with the fact should be press responsibility, because of that press are not free from law responsibility.Universal guidance as law limitation from press freedom taken from International Convention on the Freedom of Information held on 1985 at Roma.

That limitation stated that whenever press trespassed national security and public order within their news, or write/broadcast fake news, religion blasphemy, pornography, impede the fair administration of justice, incitement, libel in relation with rights, honor and reputation. With State Law number 40/1999, about any objections against any kind of press news, should be put on answer right (section 5 verse 2) and correction right (section 5 verse 3), even as a nation who have high appreciation to The Rule of Law, society/individual can remand press problematic through judicature process as legal solution. Banning and censorship both is character from prevention action at the past time. Automatically, press banning reincarnate will is phenomenon form of conventional violation which is not representative anymore in this democratization era. 

This opinion article originally write in bahasa Indonesia, rewrite by Bhayu M.H. from source: Kompas  newspaper, Tuesday (26/6). p. 6