The Presence of SMSI Legal Aid Institute is Right in the Digital Age

 JAKARTA – The presence of the Legal Aid Consultation Institute (LKBH) which was formed by the General Chair of the Indonesian Cyber ​​Media Union (SMSI) Firdaus is the right step in the midst of rampant human rights (HAM) violations, especially those that occur in the virtual space of social media.

The LKBH formed by SMSI will provide assistance to SMSI and its members, journalists, and news sources from the media belonging to SMSI members who are legally questioned. This was the opinion that emerged in the legal discussion discussing the importance of the SMSI LKBH held by the SMSI Lingkar Merdeka Discussion Forum, Tuesday, January 5, 2022 at the SMSI Central Office, Jalan Veteran II/7c, Central Jakarta.

Present as a speaker Prof Dr. Drs Henry Subiakto, SH, MA (Expert Staff of the Minister of Communication and Information of the Republic of Indonesia), Dr Taufiqurokhman, M.Si (Dean of FISIP University Prof Dr Moestopo (Religious), Usman HP, SH, MH (advocate), and Silvi Shovawi Haiz, SH , MH (advocate).

The discussion which took place hybrid-online and offline, was guided by the moderator of the Head of the SMSI Center for Foreign Affairs, Aat Surya Safaat, and was attended by SMSI members throughout the country.

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“The presence of LKBH SMSI is very important, to help friends if they need help. Because it is very important, the structure of this LKBH is under the General Chair of SMSI,” said Firdaus in his speech to start the discussion.

Henry Subiakto explained the importance of LKBH in the era of digital media and the rise of social media. Henry revealed that in 2020 there were 10 journalists entangled in the ITE law, then the following year in 2021 there were 15 journalists involved in ITE case violations. The journalists generally play on social media.

“Journalists need to avoid being individually active on social media, so as not to fall into the vortex of tug-of-war between the two ideological forces,” Henry said.

There are no problems with their work as journalists in the press media, especially those that have been verified by the Press Council, they are not affected by the ITE law, because there is its own law, namely the Press Law 40/1999. Even if they (journalists) violate the code of ethics, then there is a complaint by the aggrieved party, the complaint is submitted to the Press Council for mediation.

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Press disputes should not be reported directly to the police, because there is an MoU between the Press Council and the police. In addition, there is a Supreme Court circular that mentions the need for press expert witnesses if there is a press dispute that goes to court. Nevertheless, Henry’s message, journalists must obey the journalistic code of ethics and press law.

Meanwhile, Dr. Taufiqurokhman emphasized the importance of LKBH in press organizations such as SMSI and supported by all parties. This is important to deal with many issues concerning legal protection, especially the defense of the weak.

“The existence of LKBH is very important in the midst of society, considering the principle of equality before the law. Moreover, most members of our community still live below the poverty line and lack of legal knowledge of the community, LKBH must be more active in helping the community, “said Taufiqurokhman.

Two advocates who were present as speakers Silvi S Haiz and Usman HP explained the technical requirements and requirements that the public or members of the press had to take when applying for assistance to LKBH. “Everything has a mechanism, even if you want it for free you can, by first taking care of the poverty certificate. The public will be freed from fees,” said Usman HP.

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To obtain all this information, the public is welcome to visit the offices of legal aid agencies for questions or consultations. Silvi emphasized the importance of SMSI LKBH services in assisting SMSI residents and the community. “We serve all of them,” said Silvi.

Secretary General of SMSI, Mohammad Nasir, in the introduction to his discussion, expressed concern that when democracy is in full swing, there is pressure and tension everywhere, excessive implementation of democracy so that it falls on human rights violations. Even in the public sphere of social media, bullying often occurs against people’s words that they don’t like.

“Truth is not the main concern in the public sphere of social media, but is based on likes and dislikes of who is speaking. Who is strong, they win. This is like the barbarian times when there were no laws. This is where LKBH is needed to prevent human rights violations from happening,” said Nasir.

Anang Fadhilah