Thus, the urgency of freedom of expression must be protected by implementing mechanisms that are in accordance with the rule of law that is fair or just by adhering to the due process of law mechanism as according to Tobias and Peterson such as quoted Mardjono Reksodiputro , due process of law is guarantee constitutional that no someone was snatched right life and freedom because reason act arbitrarily government .[34]
Due process of law interpreted as set procedures required by law _ as standard the event that takes place university al. Due process also generates procedure and substance protection to individual ." Each procedure in due process test two terms , namely : (a) whether prosecutor general has remove life , freedom and rights owned by suspect without procedure , (b) if use procedure , whether the procedure taken already in accordance with due process.[35]
From this, we can see that in substance, the press itself has received legalization and protection with the existence of Law Number 40 of 1999 concerning the Press. Furthermore, the mechanism is regulated through the Dewa Press Regulation Number : 01/ Regulation -DP/VII/2017 Regarding Procedure Complaint To the Press Council . In principle, if there is an act of injustice experienced by the press such as print media companies, electronic media, and news agencies, as well as other media companies that specifically organize, broadcast, or distribute information, they can take legal action as the supreme commander in seeking justice. In its application, it also applies the principle of lex specialist derogat lex generalis , meaning Laws that are special rule out Laws that are general .
Furthermore, the complaint mechanism by the press is regulated in Law Number 40 of 1999 concerning the Press and the technical rules are regulated through the Press Council Regulation Number : 01/ Regulation -DP/VII/2017 concerning Procedure Complaint To the Press Council In his preamble, he emphasized that press freedom is a form of guaranteeing the fulfillment of citizens' rights to information, human rights, and the right to know, which are the obligations of this state to be given to journalists. Right for obtain , process and deliver complete information _ must guaranteed by the state. That independence pers is one _ form sovereignty people who are based principles democracy , rights basic human and supremacy law .[36]Â
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That in effort develop independence press and for increase life pers national an independent Press Council was formed , to protect independence press , establish and supervise implementation of the Code of Ethics Journalism as well as give consideration and endeavor solution complaint Public on related cases _ with press [37]coverage .
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The principle that regulates several disputes that intersect with the press council can take legal action through a mechanism that has been determined by further discussion, namely
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- Freedom of Expression ( FoE ) complaint mechanism at the Press Council
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In a violation, the subject is a press which is structured through the organization of the press council. Therefore, in order to oversee the implementation of the Journalistic Code of Ethics, the Press Council receives and processes complaints and follows up on information from the public regarding allegations of violations of the Journalistic Code of Ethics and the principles of press freedom, the Press Council develops the following complaint procedure:
