M. Taufiqurrahman, Jakarta – The Indonesian Broadcasting Commission (KPI) has taken the government to the Constitutional Court over its decision to issue regulations reducing the KPI to a consultative body.
KPI deputy chairman Sinansari Ecip and commission members Sasa Djuarsa and Bimo Nugroho Sekundatmo asked the court on Tuesday to reinstate it as the sole regulatory body in the broadcasting industry.
"We are of the opinion that the KPI is the only regulatory body that has the authority to issue broadcasting licenses and this view has also been endorsed by the House of Representatives," Sinansari told the court's panel of constitutional judges.
He said that under the 2002 Broadcasting Law, the KPI was a manifestation of the state, which grants broadcasting licenses through the commission.
The government, however, chose to understand the "state" referred to in the article to mean the Communication and Information Ministry, he said.
Sinansari said that the interpretation had allowed the government to issue four regulations that had diminished the KPI's authority and reduced it to a consultative body.
Last year, the ministry issued a regulation that boosted its authority as the broadcasting regulatory body and stated that it had the right to renew licenses for television and radio stations.
Since then, the ministry has renewed licenses for private stations RCTI and TransTV, along with Jakarta-based radio stations Elshinta, Indika, Radio-A, Smart FM, Otomotion and Radio One.
A number of legislators have also criticized the ministry for delaying the release of the KPI's operating funds, for which the ministry is responsible.
Sinansari said that the ministry's issuing of licenses contradicted the broadcasting law. "The broadcasting law clearly stipulates that the regulatory body is the KPI and it makes no mention at all of the communication and information ministry," he said.
The KPI members told the court that it should decide which institution could represent the state as a regulatory body, the KPI or the ministry.
Bimo said the commission had been granted authority by the 1945 Constitution to guarantee the free flow of information. "However, such a role has been reduced by the presence of the Communication and Information Ministry," he said.
Judge Ahmad Roestandi said the KPI members needed to build a strong case to challenge the ministry. The three-judge panel gave the commission two weeks to build their case, while the panel will decide whether the communication and information minister will be summoned.