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

Then regarding the Parties, it is regulated in Article 5 Complaints to Creation Journalism

 

• If related creation journalism , teradu is guarantor answer the media.
•  Complainant submit creation alleged journalism _ violate Press Law and / or Code of Ethics Journalism . Article 6 Complaints to Activity Journalism
• If related activity journalism , teradu is journalist along with guarantor the media concerned .
• Complainant submit proof activity alleged journalism _ violate Press Law and /or Code of Ethics Journalism

 

Article 6 Complaints to Activity Journalism paragraph (1) If related activity journalism , teradu is journalist along with guarantor the media concerned . Paragraph (2) Complainant submit proof activity alleged journalism _ violate Constitution Press and or Code of Ethics Journalism .[39]

 

Furthermore, in Article 7 the Power of Complaint paragraph (1) Complainant as far as possible possible relate direct with the Press Council. Presence power could received if be equipped letter power . Paragraph (2) If in the process of handling complaint needed presence the media that is complained about , then those present is guarantor answer or representing _ with be equipped letter task .[40]

 

Further, regarding the administration of complaints, it is regulated in Article 8 paragraph (1) Complaints could submitted by written or with fill in form

 

• Complaint could submitted by written or with fill in form complaints provided by the Press Council.
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• Complainant Required include identity self
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•  Complaint addressed to the Press Council, address of the Press Council Building, Floors 7-8, Jalan Kebon Betel No. 32-34, Jakarta 10110. Telephone : 021-3504875, 77, facsimile : 021-3452030, email : complaints@dewanpers.or.id ; secretariat @ councilpers.or.id .
• File the complaint given to the Press Council in principle character open , unless the Press Council determines another .
• Complaint to print media , institutions broadcasting , and cyber media mention media name , date edition publication / publication , title of writing / broadcast program , address article detail page for cyber media , or description photos and illustrations in question with attach document or supporting data as well as , if yes , evidence communication concerning the news in question with the media concerned .

Furthermore, regarding the handling of complaints, it is also explained in Article 9 paragraph (1) Handling complaint started explanation by written to Complainant and Defendant about the details of the complaint , the process will be implemented and results from complaint . Paragraph (2) Handling complaint conducted at the Secretariat of the Press Council or in other places as determined by the Press Council. Paragraph (3) Handling process complaint start carried out no later than 14 ( four ) twelve ) days work since complaint accepted . Paragraph (4) Progress handling complaint announced on the Press Council website. Chapter 10 verses (1) Complaint fall when :

• Complainant no responding to 2 ( two ) letters or Press Council call .
• Complainant pull out his complaint .
• Paragraph ( 2) The complainant whose complaint fall , no can complain again for same case . _ Paragraph (3) Permanent Press Council process inspection though party competed already sent 2 ( two ) times letter , no repay or called , no come . Paragraph (4) Press Council in handle complaint could invite and ask description from complainant and guarantor Respond to the reported media . Paragraph (5) Press Council in handle complaint could ask opinion expert .

Further, the decision-making mechanism is regulated in Article 11 paragraph (1) of the Press Council To do inspection on evidence and information from complainant and complainant for Secrete decision . Paragraph (2) Press Council could complete complaint through mechanism letter - correspondence , mediation and or adjudication . Paragraph  (3) The results of the mediation of the parties poured in Treatise Solution Complaint and signed by the parties . Paragraph (4) Mediation results principle character closed , except for the parties agreed for open . Paragraph (5) If mediation no reach agreed , Press Council will Secrete Statement Ratings and Recommendations . Paragraph (6) Statement Ratings and Recommendations set through Meeting Plenary and delivered to complainant and complainant as well as announced by open .[41]