JAKARTA- Two press figures and former Chairman of the Press Council, Prof. Dr. Bagir Manan, SH, MCL and Yosep Adi Prasetyo, together with a number of general chairmen of the constituents of the Press Council, are ready to testify in the hearing on the Application for Judicial Review of the Press Law. 40 of 1999 at the Constitutional Court of the Republic of Indonesia (MK RI).
The readiness of Bagir Manan and the constituent leaders of the Press Council (DP) surfaced in a meeting with members of the DP and the constituent press organizations of the DP, as well as press figures which took place at the Mercure Hotel, BSD City, South Tangerang, Saturday, October 16, 2021 in a hybrid, online and offline manner.
“We are ready to be present at the trial of the Constitutional Court to testify for the Press Council,” said General Chairperson of the Central Indonesian Journalists Association (PWI), Atal S. Depari who was present at the meeting.
Chairman of the Indonesian Cyber Media Union (SMSI) Firdaus also stated that he was ready to be a witness in the trial to explain the position of the power of law and the benefits of the DP for the community and the press.
“If needed, we are ready to attend the MK RI,” said Firdaus who was contacted by telephone by the Secretary General of SMSI M. Nasir from the meeting room.
The meeting was chaired by Press Council member M. Agung Dharmajaya, attended by Deputy Chairman of the Press Council Hendry Ch Bangun, and several members including Asep Setiawan, Hassanein Rais, and Juni Soehardjo Tenaga (Expert on the Legal Commission of the Press Council), Frans Lakaseru and Dyah Aryani (both Legal Counsel for the Press Council), and the leaders of the DP constituents. Prof. Bagir Manan and Yosep Adi Prasetyo, in the meeting, provided a lot of input and background on various sides regarding the Press Law number 40/1999.
“The plaintiff’s claim is invalid. This must be explained in detail at the trial,” said Bagir.
Bagir was surprised when he examined one part of the lawsuit material that required the journalist’s competency test, which had been handled by the Press Council, to be carried out by an outside party who did not deal with the press. “This is very strange,” he said.
In responding to the written presentation of the DP legal team, DP member Asep Setiawan emphasized the importance of affirming the nomenclature of the name of the Press Council which was mentioned in the press law number 40 of 1999.
“The nomenclature of the Press Council, not the name of the Indonesian Press Council that was carried by the plaintiff,” said Dyah Aryani.
Must Reject Monday, October 11, 2021, a Plenary Session of Judges of the Constitutional Court of the Republic of Indonesia has been held in case Number 38/PUU-XIX/2021, regarding the Material Review of Law Number 40 of 1999 concerning the Press (UU PERS 40/1999) against Law No. 1945 Constitution of the Republic of Indonesia (UUD NRI 1945).
The articles in the PERS Law 40/1999 that were tested are as follows: Article 15 paragraph (2) letter f The Press Council carries out the following functions: The DP facilitates press organizations in drafting regulations in the press sector and improves the quality of the journalistic profession.
Article 15 paragraph (3) “Membership of the Press Council as referred to in paragraph (3) of this article is determined by a Presidential Decree.” This petition for Judicial Review of the PERS Law 40/1999 was submitted/applied by Heintje Grontson Mandagie, Hans M. Kawengian, and Soegiharto Santoso as the Petitioners through their attorneys at the Mustika Raja Law Law Office on 12 August 2021.
The Petitioners’ petition in their Petitum asks the Constitutional Court to decide that Article 15 paragraph (2) letter f and Article 15 paragraph (5) of the PERS Law 40/1999 are contrary to the 1945 Constitution of the Republic of Indonesia and have no binding legal force.
As the Press Council press release signed by the Chairman of DP Mohammad Nuh, it was stated that at the trial on October 11, 2021, a statement was submitted and read by the Government as one of the respondents represented by the Ministry of Communication and Information and the Ministry of Law and Human Rights.
Also present were the Press Council as the Related Party, and the constituent representatives of the Press Council. Regarding the statement from the Government as one of the defendants, which was read out by the Director General of Information and Communication, Usman Kansong, the Press Council conveyed the following explanation: The government through its official statement at the trial at the Constitutional Court, with a strong and firm commitment, acknowledges the existence of the Press Council which was born through the mandate and mandate of the PERS Law 40/1999 to date, which has carried out its functions as mandated by Article 15 of the PERS Law 40/ 1999.
The government in its statement expressly stated that the petitioners in this case were not in a position to be harmed, reduced, or at least prevented from having their constitutional rights with the enforcement of the provisions of Article 15 paragraph (2) letter f and Article 15 paragraph (5) of the Press Law.
The Petitioners for Judicial Review are not deprived of their constitutional rights under the 1945 Constitution of the Republic of Indonesia. The arguments of the Petitioners in the Petition for Judicial Review are not clear (obscuur libel).
The implementation of Article 15 paragraph (2) letter f of the PERS Law 40/1999, with regard to regulations drawn up by press organizations, is issued in the form of a Press Council regulation. It is more of a consensus among press organizations in order to create a cohesive press regulation that can provide an umbrella for all members of the press, so that there are no separate, sporadic, and even contradictory regulations for press organizations. others, which will cause legal uncertainty in the implementation of press freedom and hinder the creation of a healthy national press life.
Letter of the Chairman of the Press Council addressed to officials of government institutions including the Minister of Communications and Informatics and company leaders, namely Letter Number: 339/DP/K/IV/2021 concerning Submission of Legitimacy of the Press Council regarding the existence of Plagiarism and Impostor Activities carried out by other parties The naming and function of the Press Council on April 28, 2021 means that it is clear that there is an attempt to delegitimize the Press Council which only has 1 (one) entity by certain parties who also want to play a role like the Press Council.
Whereas Article 15 paragraph (1) of the PERS Law 40/1999 has clearly provided a nomenclature for the “Press Council” and there are no other nomenclatures in Article 15 of the Press Law, so that if the Petitioners argue that their “organization” is called the “Indonesian Press Council” then it is is not the nomenclature and entity referred to in Article 15 paragraph (1) of the Press Law.
Based on this, the Indonesian Press Council (“organization” or “forum” in which the Petitioners are members) does not require a decision from the President in the form of a Presidential Decree, and the President’s not responding to the request for the appointment of members of the Indonesian Press Council is not a discriminatory treatment that violates Article 28D. paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia, but an action that has been in accordance with applicable law.
Thus, the organization and/or forum calling itself the Indonesian Press Council is not the Press Council as regulated in Article 15 of the PERS Law 40/1999. Article 15 paragraph (5) of the PERS Law 40/1999 which refers to Article 15 paragraph (3) of the PERS Law 40/1999, regarding the election of members of the Press Council by members of the press, in fact the norm has reflected a democratic action in each organization according to the scope his authority.
And the President is not the one who determines whether or not someone is elected to become a member of the Press Council because the members of the Press Council have been elected by each organization that oversees every element in Article 15 paragraph (3) of the PERS Law 40/1999.
The government is of the opinion that the Petitioners in this petition for judicial review do not meet the qualifications as parties with legal standing as stipulated in Article 51 paragraph (1) of the Constitutional Court Law as amended by Law Number 8 of 2011, or based on a decision -Previous Constitutional Court decisions (vide Decision Number: 006/PUU-III/2005 and Decision Number 11/PUU-V/2007).
The Press Council expresses its appreciation and gratitude to all members of the press, including the constituents of the Press Council and all other elements of society who have jointly safeguarded the freedom of the press by paying attention to the case for judicial review in the Constitutional Court.
The Press Council affirms that it remains and is always committed to carrying out its duties and functions as mandated by the PERS Law 40/1999 in order to develop press freedom and improve the life of the national press and together with the constituents of the Press Council and other civil society to maintain and fight against any attempt to delegitimize the Press Council and the Law. PERS 40/1999 from any party.
The Press Council emphasized that various press regulations were made and compiled by the constituents facilitated by the Press Council, overall providing guidelines and standards to be followed by press organizations, both journalists’ organizations and press company organizations.
The Press Council appeals to the press and other elements of society not to be influenced and provoked by the efforts of irresponsible parties to credit the Press Council through all means and any information channels. Therefore, it is expected to always test and verify the information to the Press Council and representatives of the Constituent Assembly of the Press Council.
writer: Anang Fadhilah
