Paradigma Keadilan dalam Kebebasan Pers terhadap Hak Privat

Abstract

 The Press in the Netherlands East Indies era until Indonesia got its independence was used as a means of revolution for the national struggle in giving information about politics, social affairs, culture, laws, and security as well as the system of government. After Indonesia got its independence, Indonesian press was still dominated by the 1931 Persbredel Ordonanntie. The media then protested and President Soekarno revoked the regulation and issued Law No. 11/1966 on the Press Principal Provision as a means of revolution. The freedom of the press was given by abolishing the censoring and the ban, but there was no regulation on individual rights. This law provided freedom for the people to claim the press and brought the case to the court if the press violated against law. The Press Council itself could not prevent people from claiming even though the right of reply had been carried. People had the right to claim materially ad immaterially to the court due to slander and libellous articles. The freedom of the press in the Soekarno era did not last long. The press which criticized the Soekarno regime was banned. The military regime in Jakarta banned 10 newspapers in 1957 such as Pedoman, Indonesia Raya, Merdeka, Harian Abadi, and Harian Rakyat. Of the 105 newspapers in 1954, only 94 of them existed in 1959, while printing press as the products of PKI (Indonesian Communist Party) were not banned. After the Soeharto regime collapsed, B.J. Habibie became the President who directly evaluated all regulations which hampered the freedom of the press.

 He issued Law No. 40/1999 on the Press (UUP). In the reformation era, UUP gives the unlimited freedom to the press which causes the Indonesian press goes too far. Legal protection given to the press and the people is only the right of reply and the right of correction if there are errors in the news reports. After they have been carried, there is no more right to claim to the court although the press has libelled and disgraced people. However, there is still the split in opinion among judges. Some of them point out that UUP is lex specialis while some others say that it is still weak; for example, there no certainty what institution which will execute when the press violates against Article 18, paragraph 2 of UUP on Fine by not carrying the right of reply. Besides that, Article 19, paragraph 1 of UUP states, "By the imposition of this law, all legal provisions on press and corporate or institution are in effect or still operate their function as long as they are not contrary to or have not been changed to the new ones based on this law." Since the era of the East Indies, Old Order, New Order, and Reformation, any regulations concerning the freedom of the press have been influenced by the government's political interest without considering any constitutional rights recognized by the 1945 Constitution and the other related laws. Pancasila as the basic philosophy of the Republic of Indonesia should become the guidelines for making a new UUP according to the Indonesian democracy. Law No. 40/1999 on the Press is very liberal so that it is contrary to Pancasila. There is no regulation on individual rights in UUP. For the sake of justice, legal certainty, and the benefit for the people who are searching for justice. The settlement of internal and external press disputes can be done simultaneously through the Press Council and  the Court because PPR (Assessment and Recommendation Declaration) of the Press Council only deals with internal dispute, and it does not have any binding legal force.