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

 

Thus, in an effort to develop press freedom and to improve the life of the national press, an independent Press Council was formed, to protect press freedom, to establish and supervise the implementation of the "Journalistic Code of Ethics and to provide considerations and seek to resolve public complaints on cases related to press reporting.[24]

 

Regarding the freedom of the press, in fact, it has gained legitimacy on a juridical basis as stated in Article 4 paragraph ( 1 ) of Law Number 40 of 1999 concerning the Press that pers guaranteed as right basic citizen . Next paragraph (2) To pers national no worn censorship , bans or ban broadcasting . Paragraph (3) For ensure independence press , press national have right seek , obtain , and disseminate ideas and information . Then verse (4) In take responsibility news ahead _ law , journalist have Right to Reject.

 

Besides that, speaking on the role is also emphasized in Article 6 Press national doing the role as following : ( a ) Fulfill right Public for knowing (b) enforcing values base democracy , encourage realization supremacy law and rights basic Humans , as well respect diversity ; (c) develop opinion general based on precise , accurate and correct information ; _ (d) do supervision , criticism , correction , and suggestions for related things _ with interest general (e) fight for justice and truth[25]

 

Based on this postulate, perspective right basic , aware or no aware that the right to freedom of expression is " as " right natural rights " ( natural rights ) including different opinion is one of the " inalienable rights ". Where that s every is effort injure right different opinion as well as expression is is violation right basic human . From paradigm In democracy , there are at least two concepts that we always use, namely " freedom " or " liberty" and the concept of " rights ". or guarantee on diversity ". Draft freedom or independence ( liberty, freedom ), contains meaning  " someone " free To do all something along no violate the freedom of others." In John Locke's expression is said : " limits " freedom a is the freedom of others." In the context of the rule of law , freedom that contain meaning , " someone " free To do or no To do something along no there is the law that limits it . " [26]

 

For the building of the argumentation, legal protection is very important by implementing mechanisms for the protection itself is a function and responsibility of the state for the fulfillment of human rights which is actually the responsibility of the state relating to with Right basic Human (HAM) is to protect ( to protect ), to respect ( to respect ), and to fulfill ( to fulfill ) .