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

Juridically in article 1 paragraph (2) of Law Number 40 of 1999 concerning the Press, it is explained that press companies are Indonesian legal entities that carry out press business including print media companies, electronic media, and news agencies, as well as other media companies that specifically organize, broadcast, or transmit information. [17]In addition, the function of the press is explicitly stated in Article 3 of Law Number 40 of 1999 concerning the Press that the press national have function as a medium of information , education , entertainment , and control and in paragraph (2) that the national press also functions as an economic institution [18].

 

Until independence opinion , expression , and press is right basic human rights protected by Pancasila, the 1945 Constitution, and the Universal Declaration of Rights basic UN Human . In doing functions , rights , obligations and roles , press honor right basic everyone , because that pers sued professional and open for controlled by society . For ensure independence press and fulfill right public for get correct information , Indonesian journalists need _ moral and ethical foundation profession as guidelines operational in guard trust public and enforce integrity as well as professionalism[19]

 

Freedom ( freedom ) will always containing freedom (liberty ). Not there is independence without freedom and not there is freedom without independence . Content ( substance ) independence pers is press freedom . form 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 ) .[20]

 

Regarding the principle of information provided from the press, its juridical benefits are also regulated through Law Number 14 of 2008 concerning Transparency . Public Information also confirms that information is needs tree everyone for _ development personal and environment social as well as is part important for endurance national .[21] 

 

Because in the principle of rights get information is right basic people and openness information public is one _ characteristic important for a democratic country that respects tall sovereignty people for realize good state administration . So that that openness information public is means in optimizing supervision public to state administration and other public bodies and all something that affects the public interest . Thus that management information public is one _ effort for develop Public information . [22]So the concept of the existence of the press is very important as a means of providing information to the public, who works independently, this is a paradigm that is built on a philosophical concept that press freedom is a form of people's sovereignty based on the principles of democracy, human rights and the rule of law.

 

Then In doing functions , rights , obligations and roles , press honor right basic everyone , because that pers sued professional and open for controlled by the community . For ensure independence press and fulfill right public for get correct information , Indonesian journalists need _ moral and ethical foundation profession as guidelines operational in guard trust public and enforce integrity as well as professionalism[23]