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

This explains explicitly that a constitutional state must be able to provide protection for the rights of its citizens as a fundamental instrument in a democracy based on law, where there is a necessity to obey the constitution in the practice of national and state life, so that the constitution is not just a sacred document. which is beautifully written in the text, but really as a representation of the existence of protection and restrictions on structured and systematic and institutionalized political and governmental power.[27]

 

Apart from that, freedom of opinion, freedom of expression, and freedom of the press are human rights protected by Pancasila, the 1945 Constitution, and the United Nations Universal Declaration of Human Rights. Also for the existence of cyber media in Indonesia which is a part from independence opinion , independence expression and independence pers[28]

 

Therefore protection to journalist in operate Duty journalism has Becomes international obligations . _ Rights Council basic Man union United Nations Human Rights Council in Vienna , Austria, in agreed resolution _ whole member September 27, 2012 for first confirmed _ importance safety journalist as fundamental elements of freedom expression . In resolution that , the Rights Council basic Man calling for to countries in the world to " develop " safe environment _ for journalists who make it possible they could doing profession by independent ." Resolution it also calls for prevention impunity for perpetrator violence to journalist with To do investigation that is not impartial , fast , and effective[29]

 

• 
  
• Freedom of Expression (FoE) complaint mechanism at the Press Council

 

The existence of the press in Indonesia is increasingly tense because there are still many problems among the people, making the presence of the press today increasingly faced with a position that can threaten its safety, be it intimidation or other forms of violence against journalists. If you look at the parameters that throughout 2021, the Press Legal Aid Institute (LBH) recorded press violence spread across 19 provinces with a total of 55 cases. Amount case this decrease compared to what happened During in 2020, which is 117 cases . Whereas based on a report from AJI Indonesia recorded 43 cases violence in 2021 , total case this decrease compared year 2020.[30]

 

This illustrates that forms of violence and intimidation in the press are still common, so we need to present a good form of mechanism to answer the existing problems. As a country of law or rechsstaat , as stated in article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia that the state of Indonesia is a state of law .[31] Value from Article 1 paragraph (3) of the 1945 Constitution explains all aspect in practice the state must in accordance with rules or rule as set out in _ regulation legislation . [32]So that the state authorities do not act arbitrarily following their own will so that there are no abuses of power or abuses of authority [33], the effort is to keep away from authoritarian power that is not in accordance with the rule of law. 

Then how is the mechanism applied by the government when there is a citizen, whether from journalists, journalists, or the press, organizations, or other community institutions who get intimidation, discriminatory treatment and unfair treatment in carrying out their duties and functions. In this discussion regarding journalists, journalists, or the press related to the concept of the complaint mechanism in case settlement, it is lex specialis regulated with the procedures as regulated in Law number 40 of 1999 concerning the Press where like journalists, journalists are included in the press structure.