Evi Mariani, Jakarta – Press Council vice chairman R.H. Siregar says loopholes in press law No. 40/1999 hamper freedom of the press in Indonesia by treating journalists as criminals.

Speaking at a discussion on freedom of the press here on Thursday, Siregar said that Article 12 of the law stated that, in some cases, journalists and members of the media could be processed according to the Criminal Code.

"It is better to fine or ban journalists who are suspected of violating the law from reporting, rather than imprisoning them." The recent case involving Tempo magazine and businessman Tommy Winata has led Tempo's Bambang Harymurti and Ahmad Taufik to be charged under Article 310 of the Criminal Code on defamation and Article 311 on libel, which carry maximum punishments of nine months and four years in prison, respectively.

Police also stated earlier this month that both had violated Article 5(1) of the press law on the media's obligation to respect religious norms and public decency, as well as to adhere to the principle of presumption of innocence. The article carries a maximum fine of Rp 500 million (US$56,179).

Siregar questioned the term "presumption of innocence". "What does it really mean? There is no explanation in the law to define that abstract term." He also said that besides the press law, the state, society and journalists themselves could hamper press freedom.

Journalist Cyrillus Kerong of Bisnis Indonesia daily presented a critique of the press during the seminar. "We should admit that journalists sometimes disregard ethics in reporting. Because of tight deadlines and a lack of concern, journalists often prepare news stories sloppily." Siregar underlined Kerong's statement, saying that negligence by journalists could lead to libel indictments that might bring the press to the brink of bankruptcy.

"I remember one daily newspaper was accused of libel and was looking at have to pay Rp 400 billion (about US$45 million). They would have been bankrupt if they had had to pay that amount." Attendants at the seminar also discussed concerns raised by the people that the national press was promoting anarchism and thuggery with its unbalanced and negligent reporting.

However, Taufik, who also addressed the seminar, said that in Tempo's case the people who attacked the magazine's office in Central Jakarta in early March were not true representatives of society. "In my eyes, they were 'fabricated society'. They brought fire trucks with them, so I would have to conclude that the attack was well-prepared, not spontaneous," he said.