Mechanism Complaint Violation Freedom of Expression ( FoE ) at Komnas HAM and The Press Council (Indonesian State Study)

Mechanism Complaint Violation Freedom Of Expression ( FoE ) at KOMNAS HAM and the Press Council 

(Indonesian State Study)

By : Sukma Wijaya Hasibuan

UIN Syarif Hidayatullah Jakarta

Abstract

In essence, a freedom of expression is an everlasting freedom containing freedom (liberty ). Not there is independence without freedom and not there is freedom without independence . Content ( substance ) independence pers is press freedom . The position of the right to freedom of expression or freedom of thought is part of the right to freedom of mind and heart as stipulated in Article 28I Paragraph (1) of the 1945 Constitution which places the right to freedom of thought and conscience as part of human rights that cannot be reduced to non-derogables. rights so that it becomes freedom pers is freedom communication , freedom opinion and spread opinions , and other related matters with function pers free . Independence pers is one form freedom of expression ( freedom of expression ) . The research method in this paper is qualitative research or normative juridical with a statute approach . The formulation of the problem in this paper is to see the essence of freedom of expression in positive and international law as well as mechanisms related to complaints about freedom of expression against the press and how the civil society complaint mechanism to KOMNAS HAM. Regarding the mechanism of the complaint process or the complaint mechanism applied by the Press Council as stipulated in Article 1 paragraph (1) of the Press Council Regulation Number : 01/ Regulation -DP/VII/2017 concerning Procedure Complaint To the Press Council confirms that a complaint is the activity of a person, group of people or institutions/agencies who submit objections to matters related to journalistic work and or activities to the Press Council as in the flow chart of the mechanism for complaints of the Press Council and complaints against KOMNAS HAM can be made directly or via email as stated in the second picture chart of the flow of the KOMNAS HAM complaint .

Keywords: Mechanism, Freedom of Expression, Press, Press Council, KOMNAS HAM

• Introduction

The adage says Vox populi vox dei that the voice of the people is the voice of God, one of the values contained in this principle is that the aspirations of the people are the fundamental basis in the nation and state, and the press is in a position as civilians whose sovereignty is reflected through the forms of public expression conveyed. to the public as an intellectual actor and as a connector for the aspirations of the community. So that the role of the press as a subject or parties that are part of the profession, especially in the freedom of expression lex specialis is regulated through an organization namely the Press Council, whose juridical basis is regulated through article 1 paragraph (1) of Law Number 40 of 1999 concerning the Press.

Sociologically, the concept of freedom of expression is a representation of human rights or human rights instruments, be it international human rights instruments as well as regionally. one destination tree from freedom of expression is for create room for exchange idea about ideas, arts , literature, academics , politics , religion , science and so on which are a reflection of the essence of the existence of each individual. [1]So that freedom of expression can be said to be a symbol of human existence, this is emphasized by Rene Descartes a philosopher from France who said Cogitu Ergo Sum which means "I think, therefore I exist". The paradigm that is built that the power of the way of thinking will determine life, which also explains that we live, then the only thing that is certain in this world is one's own existence. This existence can be proven by the fact that he can think for himself.

 

Besides, the nature of every human being also has a relationship between one another. This puts the position of humans as social beings who cannot be separated from the interests of one another so that human existence is also referred to as a zoon politicon as emphasized by the philosopher Aristotle that humans are principally beings who want to get along in society. As social beings, the instrument in developing the potential of each individual's freedom of expression is very fundamental. This is because humans will have mutual interests or interests that must be protected, as the adage says, ubi societas ibilus , where there is a community, there is law. This postulate contains the depth of meaning that the law lives from, by and for the community.[2]