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Susilo, Mega hazy on press freedom

Source
Jakartra Post - July 28, 2004

Sari P. Setiogi, Jakarta – Campaign workers for the two remaining presidential candidates, Susilo Bambang Yudhoyono and Megawati Soekarnoputri, expressed on Tuesday what appeared to be only lackluster support for press freedom.

"Our government will ask judges and prosecutors to apply the Press Law when dealing with cases involving the media," Susilo-Kalla campaign spokesman Alwi Hamu told a discussion on press freedom on Tuesday.

He regretted the fact that judges and prosecutors had often opted to apply the Criminal Code rather than the Press Law in cases where journalists found themselves in dispute with government officials or businesspeople.

The prosecution recently demanded a two-year jail term for two journalists and the chief editor of Tempo magazine for allegedly inciting public unrest and defaming businessman Tomy Winata.

Last year, two journalists received suspended jail terms for "insulting" President Megawati Soekarnoputri and House of Representatives Speaker Akbar Tandjung respectively.

Alwi asserted that while press freedom needed to be upheld, journalists tended to overlook what he claimed were their social responsibilities.

"It must be admitted that the Press Law provides the press with unfettered freedom. As a result, judges and prosecutors have found difficulties in protecting people from being subjected to trial by the press," he argued.

He said he favored a review of the law so as "to strengthen the press as an institution".

He also pledged that the Susilo-Kalla ticket, if elected, would recognize the pivotal role played by the press. "We realize that many government policies will be challenged by the legislature. Therefore, we place a lot of hope in the press," he said. Susilo's Democratic Party won only 57 out of the 550 seats in the House of Representatives.

Separately, the second secretary of the Mega-Hasyim Muzadi campaign team, Halim Mahfudz, said that Mega and Hasyim were impressed by the First Amendment to the United States Constitution. "However, it should be remembered that Indonesia is different from the US," said Halim.

He said the press needed to be regulated to enable it to play an effective role in the country. However, he declined to elaborate on how exactly this would be done.

Apart from the Press Law, Article 28 (e) and (f) of the Second Amendment to the Constitution on freedom of information also enshrines the principle of freedom of the press.

By contrast, the government has failed to revoke at least seven regulations that threaten press freedom.

Among them are certain articles of the Criminal Code, especially those concerning defamation, Law No. 32/2002 on broadcasting which permits government censorship, Law No. 4/1999 on bankruptcy, which states that a press outlet may be declared bankrupt if it creates public anxiety.

Commenting on the dialog, senior member of the Press Council Sabam Leo Batubara said that neither of the campaign team representatives had presented a clear vision for the future of press freedom in Indonesia.

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