The Basic: Freedom of Expression in Indonesia

When I’m tryin to relaxing on the weekend, I saw, heard, and sometimes get asked by the people nearby, yeah, about the nowadays debatable problem about Ahok case. I tried to laugh, but still cried deep inside. Because it is take too much time and energy to explain from the basic to the logic.

I hope my relations, or/and everyone can understand the basic of “The Freedom of Expression” by read this article.

Freedom of expression is understood to be fundamental in a democracy. The norms on limiting freedom of expression mean that public debate may not be completely suppressed even in times of emergency. It can not be denied, because of the democracy itself is worked by the freedoms of the people who run it, democracy is always necessitates the freedom of expression. When we examined from the perspective of human rights, the freedom of expression is a logical consequence of their freedom of thought. Freedom of expression is a right of every citizen, either orally or in writing with responsibility and in accordance with the provisions of laws that applies. When talking about the freedom of expression which is the right of every human being, the Constitution of the Republic of Indonesia Year 1945, particularly Article 28F (Amendment 2, which is set at August 2000) states that "Everyone has the right to communicate and obtain information to develop personal and social environment, and the right to seek, obtain, possess, store, process and convey information by using all available channels ". Freedom of expression is not an absolute freedom without limits. The freedom is bounded by the freedoms of others, norms and certainly not violating the Law.

And as technology develops, freedom of expression through the internet has become one of the alternative media for the public to express one's opinion. This matters which later created some of the Law on Information and Electronic Transactions (ITE), which is currently a lot of controversy, polemics and conflicts. There are still many cases regarding the freedom of expression. One of them is the new case regarding hate speech that has been conducted by Basuki Tjahya Purnama (Ahok). He reportedly had a speech in Kepulauan Seribu not to be deceived by the Quran’s Surah al-Maidah: 51. Although he has apologized for his statement, but, “some people” still conducting to take part in a second demonstration set to be held on Nov. 4, to push for legal action against Ahok. They felt that ahok has been conducted hate speech because his speech contains blasphemy matters which ignited some religion community also some moslem people around Indonesia.

In the laws of the Republic of Indonesia, we have in the constitution of Republic of Indonesia 1945 Article 28 A paragraph 2 which says "in rights and freedoms, everyone shall be subject to the restrictions established by law with the sole purpose of securing due recognition and respect for the rights and freedoms of others and to meet the demands of a fair in accordance with considerations of morality, religious values, security and public order in a democratic society. "

Therefore, be a person who is responsible for what we have express.

• Based from the Article 1 of Law No. 9 of 1998 on Freedom of Expression in Public,
• “Independence of expression is the right of every citizen to express thoughts verbally, in writing, as freely and responsibly in accordance with the provisions of the legislation in force.”

This is clearly stated that Indonesia already had a regulations concerning about freedom of expression.

The law itself already had some principle to limit the freedom itself.

There are some principles that limit each person’s freedom of expression to maintain harmony in the application of these rights

• On the Law No. 9 of 1998  regarding freedom of expression, there are five principles that are the foundation of freedom is responsible for thinking and acting to express their opinions in public.
• The fifth principle, namely
  • 1. The principle of balance between rights and obligations
  • 2. The principle Deliberation and Consensus
  • 3. The principle of legal certainty and justice
  • 4. Principle of Proportionality
  • 5. Principle of Consensus.

The fifth principle is the cornerstone of responsible freedom in thought and action to express their opinions in public.

Independence of expression is the right of every human being who wants to express their aspirations for the common interest.

In addition to the right of every human being, freedom of expression is also a responsibility in democracy in the life of society, nation and state. And we can also appreciate the opinions of others with their freedom at any such argument. Freedom of expression not only for individual. Every single person have their freedom of expression. In Indonesia itself, the government had already establish  a law that specifically regulate the freedom of expression. however,in order to keep the law still apply as time goes by, the government should make an update and/or monitor the practice of the law and supervise the bodies involved.

source:

• Law and regulation
  • 1945 Constitution
  • Law No. 9 of 1998 on Freedom of Expression in Public

• Books,journal and website
  • Brett, Sebastian (1999). Limits to tolerance:freedom of expression and the public debate in Chile. Human Rights Watch.p. xxv. ISBN 978-1-56432-192-3.

  • Murphey, Dwight D. 2003. Conceptual Issues in Prohibiting "Hate Speech" page 1

  • www.hukumonline.com