Press Law Challenged Again at the Constitutional Court
Translator
Editor
15 February 2023 09:54 WIB
TEMPO.CO, Jakarta - Law No.40/1999 regarding the Indonesian Press has once again been challenged for a constitutional review at the Constitutional Court (MK). Initially, three journalists attempted to challenge this law in court back in August 2022, while the current lawsuit was filed by a citizen identified as Mochammad Ojat Sudrajat and specifically the Article overseeing the Press Council.
The Press Council under Article 15 (2) of the Press Law states that the council is responsible for the following functions
- provide consideration and seek resolution of public complaints on cases related to press coverage.
"This is detrimental to the applicant," said Ojat, who is a partner at the Advocate and Legal Consultant Office, Arif Afandi Lubis, to the MK Panel of Judges during the preliminary examination session for case 13/PUU-XXI/2023, Monday, February 13.
Ojat admitted that he had first-hand experience with news reports that defamed him. However, he said, the resolution of any problems in press coverage must go through the Press Council. Meanwhile, Ojat assessed that the Press Council only responded to press reports on the media registered there.
Ojat assesses that this article has created legal discrimination between ordinary people and people who work as journalists. Including press companies with companies operating outside the press business field.
He worries that there will be no deterrent effect if this article continues without criminal proceedings, either for journalists, press companies that are not registered with the Press Council, and/or those who make press reports that meet the criminal elements of defamation, slander, fake news, and hate speech.
Ojat said he did not rule out the possibility of causing conflict. Therefore, he asked the Panel of Judges of the Constitutional Court to declare that this article did not have binding legal force.
FAJAR PEBRIANTO
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