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

Mechanism Complaint Violation Freedom Of Expression ( FoE ) at KOMNAS HAM and the Press Council 

(Indonesian State Study)

By : Sukma Wijaya Hasibuan

UIN Syarif Hidayatullah Jakarta

Abstract

In essence, a freedom of expression is an everlasting freedom containing freedom (liberty ). Not there is independence without freedom and not there is freedom without independence . Content ( substance ) independence pers is press freedom . The position of the right to freedom of expression or freedom of thought is part of the right to freedom of mind and heart as stipulated in Article 28I Paragraph (1) of the 1945 Constitution which places the right to freedom of thought and conscience as part of human rights that cannot be reduced to non-derogables. rights so that it becomes 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 ) . The research method in this paper is qualitative research or normative juridical with a statute approach . The formulation of the problem in this paper is to see the essence of freedom of expression in positive and international law as well as mechanisms related to complaints about freedom of expression against the press and how the civil society complaint mechanism to KOMNAS HAM. Regarding the mechanism of the complaint process or the complaint mechanism applied by the Press Council as stipulated in Article 1 paragraph (1) of the Press Council Regulation Number : 01/ Regulation -DP/VII/2017 concerning Procedure Complaint To the Press Council confirms that a complaint is the activity of a person, group of people or institutions/agencies who submit objections to matters related to journalistic work and or activities to the Press Council as in the flow chart of the mechanism for complaints of the Press Council and complaints against KOMNAS HAM can be made directly or via email as stated in the second picture chart of the flow of the KOMNAS HAM complaint .

Keywords: Mechanism, Freedom of Expression, Press, Press Council, KOMNAS HAM

• Introduction

The adage says Vox populi vox dei that the voice of the people is the voice of God, one of the values contained in this principle is that the aspirations of the people are the fundamental basis in the nation and state, and the press is in a position as civilians whose sovereignty is reflected through the forms of public expression conveyed. to the public as an intellectual actor and as a connector for the aspirations of the community. So that the role of the press as a subject or parties that are part of the profession, especially in the freedom of expression lex specialis is regulated through an organization namely the Press Council, whose juridical basis is regulated through article 1 paragraph (1) of Law Number 40 of 1999 concerning the Press.

Sociologically, the concept of freedom of expression is a representation of human rights or human rights instruments, be it international human rights instruments as well as regionally. one destination tree from freedom of expression is for create room for exchange idea about ideas, arts , literature, academics , politics , religion , science and so on which are a reflection of the essence of the existence of each individual. [1]So that freedom of expression can be said to be a symbol of human existence, this is emphasized by Rene Descartes a philosopher from France who said Cogitu Ergo Sum which means "I think, therefore I exist". The paradigm that is built that the power of the way of thinking will determine life, which also explains that we live, then the only thing that is certain in this world is one's own existence. This existence can be proven by the fact that he can think for himself.

 

Besides, the nature of every human being also has a relationship between one another. This puts the position of humans as social beings who cannot be separated from the interests of one another so that human existence is also referred to as a zoon politicon as emphasized by the philosopher Aristotle that humans are principally beings who want to get along in society. As social beings, the instrument in developing the potential of each individual's freedom of expression is very fundamental. This is because humans will have mutual interests or interests that must be protected, as the adage says, ubi societas ibilus , where there is a community, there is law. This postulate contains the depth of meaning that the law lives from, by and for the community.[2] 

 

Furthermore, the concept of a democratic state based on the fundamentals of the people's will as stated in Article 1 paragraph (2) of the 1945 Constitution where the meaning of people's sovereignty is essentially for the creation of a space full of harmonization and the common good. Therefore, democracy must be related to the issue of representation of the will of the people. As a form of government that departs from the spirit of freedom of liberty , every policy-making should start from an equal dialogue , both vertically between fellow citizens and horizontally between citizens and the state. Only then can democracy exist.

 

According to Hans Kelsen, one of the essences of democracy lies in the presence or absence of a compromise that unites differences of opinion to determine an order for the foundation of a state. [3]Furthermore, freedom of expression is basically inseparable from a public space in exchanging ideas and information media, this is related to the concept of public space, which is better known as the philosopher of the Frankfurt School, Jurgen Hubermas in 1962 through his monumental work The Structural Transformation of Public Sphere . According to Hubermas, public space is a medium where citizens can join and discuss matters of public concern for the common good. Public sector means a space that becomes a medium for exchanging ideas and dialogue where the public regulates and organizes itself free from the domination of the bourgeoisie and excessive interference (hegemony) of the state. The paradigm that is built provides a precedent for the term public opinion which then the public sphere basically discusses the authority of individuals or citizens as users and users of media who have autonomy which makes every citizen-regardless of different backgrounds-have the same freedom.

In a democratic political system, the resulting legal character is responsive and accommodating. The legal substance contained in the various existing laws and regulations respects and upholds human rights. So it is fitting that legal protection for freedom of expression as a human right becomes an absolute necessity. Every regulation must always be in accordance with the principles of freedom as the heart of democracy itself. Because without press freedom (and freedom of expression in general), there will be no democracy or only pseudo democracy (verkapte democratie, shadow democracy).[4]

Realizing the importance of freedom of expression as an element of democracy, prior to the ratification of the Universal of Human Rights in its first session. The United Nations General Assembly through its Resolution Number 59 has previously stated that "the right to information is a fundamental human right...the standard of all freedoms is declared 'sacred' by the United Nations". The Universal Declaration of Human Rights has outlined the common understanding of all people in the world regarding the inalienable or infringing rights that every human being has. The content of the Declaration is that the recognition of the natural dignity and the equal and inalienable rights of all members of the human family is the basis of freedom, justice and peace in the world. These rights include the right to life, the right to express opinions, the right to equality before the law, the right to a decent living, and so on. Furthermore, with regard to freedom of expression, there is an appropriate covenant, namely the International Covenant on Civil and Political Rights (ICCPR). The Covenant regulates essential democratic rights. Individual freedom to improve the quality of life, participation in politics and freedom of expression are clearly closely related to democracy.

Based on the explanation above, it illustrates how fundamentally the position of freedom of expression is day by day, there are many silences against those who voice the voice of truth and justice. Especially on journalists and journalists or from civil society circles so that this silence gives a negative value to the status of the state which is based on a law with the Pancasila ideology, all of which provide value for protection, justice for every citizen. Based on this, the writer wants to explore more deeply the essence of freedom of expression by raising the title, namely " mechanisms ". complaint _ Violation Freedom Of Expression ( FoE ) at K OMNAS HAM and the Press Council "

• Formulation of the problem
•  
• The formulation of the problem on this occasion is as follows:
• How is the essence of freedom of expression in positive and international law?
• How is the mechanism related to complaints on freedom of expression against the press and how is the mechanism for civil society complaints to KOMNAS HAM?
• Writing purpose
• In this case, the purpose of writing is to be able to provide output for the academic community, especially in knowledge about the essence of freedom of expression in positive and international law as well as mechanisms related to complaints on freedom of expression against the press and how the mechanism of civil society complaints to KOMNAS HAM.
• Research methods

Type research used _ in writing this is study law normative .[5] or study qualitative ( juridical normative ) with approach legislation ( statute approach ) Because what becomes unit of analysis in study this is how linkages application principle of freedom of expression in positive and international law as well as mechanisms related to complaints on freedom of expression against the press and how the mechanism for civil society complaints to KOMNAS HAM

 

Furthermore, normative research as a literature study, basically serves to show the way to solve research problems, then in this legal research the author is carried out by researching library materials or secondary data. [6]Normative legal research can be used to explain, strengthen, test, or reject a theory from existing studies. then, analyze freedom of expression in positive and international law as well as mechanisms related to complaints on freedom of expression against the press and how the mechanism for civil society complaints to KOMNAS HAM

 

 

• Discussion
•  
• Essence of Freedom of Expression in Positive and International Law

 

Philosophically, the principles of human rights can be divided into two, namely derogable rights or human rights that can be reduced or limited by the state in certain circumstances and non-derogable rights are human rights that cannot be reduced under any circumstances, including in state of war, armed conflict, and/or emergency. [7]The position of the right to freedom of expression or freedom of thought is part of the right to freedom of mind and heart as stipulated in Article 28I Paragraph (1) of the 1945 Constitution which places the right to freedom of thought and conscience as part of human rights that cannot be reduced to non-derogables. rights .[8]

 

Juridically, that the principle of freedom of expression is affirmed as stated in article 28 and Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia ( UUDNRI 1945), which states " everyone has the right to on freedom associate , gather and issue opinion " . [9]Then it is also regulated in 14 Decrees of the People's Consultative Assembly of the Republic of Indonesia Number XVII/Mpr/1998 concerning Human Rights that everyone has the right to freedom to express thoughts and attitudes according to conscience.[10]  

 

Furthermore, it is further regulated specifically through Article 1 paragraph (1) of Law Number 39 of 1999 concerning Human Rights that Human Rights are a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts. which must be respected, upheld and protected by the state, law, government and everyone for the sake of honor and protection of human dignity. In addition, in Article 1 of the Universal Declaration of Rights, basic Humanity (UDHR) states " everyone is born " independent and have equal dignity and rights . _ They blessed mind and heart conscience and should get along one each other in brotherhood ".[11] 

 

Next universality freedom expression set in Article 19 Universal Declaration of Rights basic Human Rights (UDHR), which states , " Everyone has the right " on freedom have and issue opinion ; in Thing this including freedom adhere to opinion without get distraction , and for seek , receive and convey information and opinions with method anything and with no looking at boundaries s.[12] Right on freedom express and think is right for express by free beliefs and opinions through words ( in oral ), written , printed , pictures and methods certain .[13] 

 

Departing from the discussion holistically and comprehensively, freedom of expression is an inseparable unit in social life so that it becomes a fundamental attribute in human rights, because every individual can express his thoughts and opinions according to his conscience and the right to obtain information is a right. very essential human rights, which are needed to uphold justice and truth, promote public welfare, and educate the life of the nation. [14]So the state must guarantee the basic principles in the nation and state. It is also expressly ratified through Resolution Assembly UN General 48/121 on The Vienna Declaration states : 

 

(a) " all countries have obligation To do universal respect for , and obedience as well as protection against , all right basic people and freedom fundamental for all in accordance with Charter union Nations , instrument other related with right basic human and law international . The universal nature of rights and freedom this is sure ; (b) Community International Public must treat right basic man globally with _ fair and equitable way , with _ equal footing , and with the same emphasis .

 

So that the task of the state in a democratic country is reflected in the existence of legal protection, especially on freedom of assembly, expression of opinion, and open discussion. [15]In addition, the instruments in the concept of freedom of expression are certainly owned by all individuals in the nation and state, such as freedom for seek , receive and give information and ideas in form whatever , regardless from limit , ok in form speech , writing, and print , in form art , or through any media or platform that he select . Besides that , freedom expression regarding rights _ somebody for offend , criticize , comment or speak about other people, including aspects of life personal they are _ personal or known to the public , with or without agreement them . 

 

Realizing the importance of freedom of expression as an element of democracy, prior to the ratification of the Universal of Human Rights in its first session. The United Nations General Assembly through Resolution No. 59 has previously stated that "the right to information is a fundamental human right. The standard of all freedoms is declared 'sacred' by the United Nations". The Universal Declaration of Human Rights has outlined the common understanding of all people in the world regarding the inalienable or infringing rights that every human being has. Furthermore, with regard to freedom of expression, there is an appropriate covenant, namely the International Covenant on Civil and Political Rights (ICCPR). The Covenant regulates essential democratic rights. Individual freedom to improve the quality of life, participation in politics and freedom of expression are clearly closely related to democracy.

 

This is in line with the adage saying Vox populi vox dei that the voice of the people is the voice of God, that the aspirations of the people are very important in the nation and state so that the sovereignty of the people in a democratic country is the fundamental key in the progress of a nation. The press is essentially a part of the people themselves who then convey their expression to the public as an intellectual actor and as a connector for the aspirations of the people.

 

The press as a subject or parties that are part of the profession, especially in the freedom of expression in a lex specialis manner, is regulated through an organization namely the Press Council, where the juridical basis is regulated through Article 1 paragraph (1) of Law Number 40 of 1999 concerning the Press that the Press is institution social and ride communication the masses who carry out activity journalism cover seek , obtain , possess , store , process , and convey information good in the form of writing, sound , images , sound and images , as well as data and graphics nor in form other with using print media , electronic media , and all type available channels . [16]_

 

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]

 

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 ) .

 

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.

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] 

 

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 .

 

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

 

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

 

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:

 

As for the complaint procedure applied by the Press Council as set forth in Article 1 paragraph (1) of the Press Council Regulation Number : 01/ Regulation -DP/VII/2017 concerning Procedure Complaint To the Press Council confirms that Complaints are the activities of a person, group of people or institutions/agencies who submit objections to matters related to journalistic works and or activities to the Press Council.[38]

 

Furthermore, in Article 2 Matters that the Press Council can complain about accept complaint case press regarding : _

 

•  Creation journalism , behavior , and or action related journalists _ with activity journalism ;
• Violence to journalists and or press companies ;
• Advertisement as set in _ Article 13 of the Law Number 40 of 1999 concerning the Press and regulations applicable legislation . _

 

Article 3 Works journalism that can complained is published works _ or broadcast forever 2 ( two ) months before , except for case specifically concerning _ interest general , prejudice or hatred related ethnicity , religion, race and intergroup (SARA ) To do action violence , or other things over Press Council considerations .

 

Article 4 Things that the Press Council can not complain about no handle complaint creation journalism that has submitted to police or court , except :

 

•  Party complainant ready pull out the complaint to police or d ilan _ for resolved by the Press Council;
• Police deliver solution case the to the Press Council;
• Cases handled by the police or court could threatening and endangering joints press freedom and rights basic man
• In Thing item (b) above happens , the Press Council can To do coordination with police for prioritize handling the case at the Press Council

 

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.
•  
• Complainant Required include identity self
•  
•  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]

 

Furthermore, in the event that the Executor of the Decision of the Press Council is actually regulated in Article 12 Paragraph (1) the Complainant shall carry out the contents of the Assessment and Recommendation Statement no later than 14 (fourteen) working days after receiving the Assessment and Recommendation Statement. Paragraph (2) Defendant Required doing contents Statement Ratings and Recommendations on occasion first . Paragraph (3) Defendant Required load or broadcast Statement Ratings and Recommendations in the relevant media . Paragraph (4) If the Press Company no obey Statement Assessment and Recommendation , Press Council will Secrete statement open special for it . Paragraph (5) If Press Council decision containing recommendation loading Right answer no implemented by the company press , can apply provision Article 18 paragraph (2) of the Press Law. (6) In Press Council matters evaluate the case filed no case press , Complainant could submit application to the Press Council for permanent help solution the case through mechanism outside _ Procedure Complaint this[42]

 

 

 

Complaint Mechanism at the Press Council

 

 

 

Figure 1. Complaint Mechanism at the Press Council

 

 

• Freedom of Expression Complaint Mechanism (FoE) at KOMNAS HAM

 

Regarding the mechanism for freedom of expression in the KOMNAS HAM sector, apart from or outside the press, people such as civil society, communities, citizen journalism , associations of organizations, and so on can also be given a form of protection through predetermined mechanisms.

 

Because the position of the community also needs to be protected . According to Mc. Millan and Chavis (1986) say that community is gathering of its members who have mutual feelings have , bound between one another and believe _ that the needs of the members will fulfilled as long as the members committed for Keep going together . Community is "a feeling that members have of belonging, a feeling that members matter to one another and to the group, and a shared faith that members need will be meet through their commitment to be together" -- McMillan & Chavis (1986) If you refer to the KBBI that community is a group of organizations or people and so on who live and interact with each other in a certain area, community, or association.

 

Next Like Citizen Journalism is activity journalism conducted by citizens _ normal (which is not journalists ). Citizen Journalism or known with Journalism Inhabitant have role active in the process of collecting , reporting , analyzing , and disseminating news as well as owned information . _ Type journalism this will Becomes a new trend how inhabitant form news as well as future information . _ Shayne Bowman and Chris Willis have definition from Citizen Journalism namely " the act of citizens playing an active role in the process of collecting, reporting, analyzing , and disseminating news and information "  Journalism inhabitant or more known with citizen journalism is news sent _ inhabitant to the media without existence background behind journalism (Kurniawan, 2007).

 

In 2003 Online Journalism Review article , JD Lasica clarifying media journalism inhabitant to in a number of type : like

 

• Participation viewers , like comment in online news , personal blog , photo or video

 

• News and information independent sites

 

• News site with participation full or pure , like OhmyNews

 

• Collaboration of media sites, such as Slashdot, Kuroshin

 

• "Thin Media, like an e-mail newsletter

 

• Broadcasting site personal (video) like , KenRadio

 

Steve Outing ever classify forms of citizen journalism as following Citizen Journalism opens room for comment public . In room that , reader or audience can react , praise , criticize , or add journalism writing material professional . Add opinion Public as part from written articles . _ Inhabitant requested for follow write his experience at a topics main reported coverage _ journalist . Collaboration Among journalist professional with non- journalists who have ability in the material discussed . Goal made tool for direct or check accuracy article . Then Model Wiki. On the Wiki, readers is also an editor. Everyone can _ write articles and everyone can too give addition or comment to published comments ( Yudapramesti , 2007). Even though it is Citizen Journalism that creates audiences or citizens, the news that is made must be accurate in terms of writing and content, the facts obtained, and the data they have, because all of that requires verification or checking of the data they have.

 

So that all people, whether outside the press, are structured and systematically regulated through institutions, namely the press council, so that ordinary people are also given protection. Because KOMANAS HAM in principle holds firm on the representation of legal protection as a state based on law, KOMNAS HAM is also an institution that contributes to the resonance of justice for civil society, Community, Citizen Journalism, Organizational Associations, and others who experience injustice in the nation and state. When there are good citizens in the social community, outside of print media companies, electronic media, and news agencies, as well as other media companies that specifically organize, broadcast, or distribute information, KOMNAS HAM can provide assistance from the reporter.

 

Based on provision Procedure Handling Complaints filed at Komnas HAM , complaints must be delivered in form written containing and completed _ with :

 

Full name complainant ;

 

home address ;

 

Mailing address if different with address house ;

 

Number phone the place work or house ;

 

Number facsimile if there ;

 

Details complaint , namely what happened , where, when , who was involved , the names witness ;

 

Photocopy various document related support _ with the reported event ;

 

Photocopy identity the complainant who still valid (KTP, SIM, Passport );

 

Other corroborating evidence _ complaints ;

 

If any , other institutions to whom has be delivered complaint similar;Is already there is effort the law is carried out ;

 

        In Thing complaint submitted by party else , then complaint must accompanied with agreement from the party who feels become a victim of a violation a human rights ( for example letter power or letter statement ); which also includes the sign hand and name clear complainant or given _ power . After in full information and materials the complaint could sent through various way , namely :

 

1. Can be delivered direct to Komnas HAM;
2.  
3. Can be sent through service post or courier ; or
4.  
5. Can be sent through facsimile to number : 021-3925227;
6.  
7. Can be sent by e-mail to complaint@komnasham.go.id

Basically , every _ Complainants at Komnas HAM have rights as following :

To do good consultation _ through phone to number (021) 3925230 ext 126 or come direct direct to office Komnas HAM which is located at Jl. Latuharhary No. 4B Menteng , Central Jakarta

Complainant who submitted file complaint by direct and case not yet once complained to Komnas HAM has the right get sign receipt , agenda number , and receipt Report

Complainant entitled ask development handling complaint , ok through phone or come direct

Get guarantee will secrecy identity complainant and evidence other as well as related parties _ with Theory complaint

Get service reception complaint without requested cost or levy in form whatever good in the form of goods and/ or service[43]

 

 

• Complaint Mechanism at KOMNAS HAM

 

Figure 2. Complaint Mechanism at KOMNAS HAM

 

 

 

 

 

 

 

 

 

 

 

 

 

• Conclusion

 

Based on the explanation above, we can conclude that the essence of freedom of expression is a freedom that always exists 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 So the law as commander in chief as the adage says Lex semper dabit remedium - that the law always provides a solution, so when there is a problem, the law is the most effective instrument in its resolution, thus when there is an act of injustice against the journalists, journalists, the press, then mutatis mutandis, fair law enforcement is the best method in solving problems that exist within the nation and state. Because the essence of freedom of the press in the life of society, nation and state is freedom in expressing thoughts and opinions in accordance with conscience and the right to obtain information, is a very essential human right, which is needed to uphold justice and truth, promote public welfare, and enrich the life of a nation.[44]

 

that, it is related to the procedure or complaint mechanism implemented by the Press Council as stipulated in Article 1 paragraph (1) of the Press Council Regulation Number : 01/ Regulation -DP/VII/2017 concerning Procedure Complaint To the Press Council confirms that Complaints are the activities of a person, group of people or institutions/agencies who submit objections to matters related to journalistic work and or activities to the Press Council as in the complaint flow of the Press Council mechanism in Figure 1

 

Furthermore, related to the procedure or complaint mechanism to KOMNAS HAM, namely:

 

• Full name complainant;
• address ;
• Mailing address if different with address house ;
• Number phone the place work or house ;
• Number facsimile if there ;
• Details complaint , namely what happened , where, when , who was involved , the names witness ;
• Photocopy various document related support _ with reported incident _
• Photocopy identity the complainant who still valid (KTP, SIM, Passport )
• Other corroborating evidence _ complaint;
• If any , other institutions to whom has be delivered complaint similar;Is already there is effort the law is carried out ;

 

        In Thing complaint submitted by party else , then complaint must accompanied with agreement from the party who feels become a victim of a violation a human rights ( for example letter power or letter statement ); which also includes the sign hand and name clear complainant or given _ power . After in full information and materials the complaint could sent through various way , namely :

 

• Can be delivered direct to Komnas HAM;
•  
• Can be sent through postal service or courier ; or
•  
• Can be sent through facsimile to number : 021-3925227;
•  
• Can be sent by e-mail to complaint@komnasham.go.id

This is enforced as the State 's obligation in Article 28I paragraph (4) of the Indonesian Constitution states , " Protection , promotion , enforcement and fulfillment of right basic man is not quite enough answer the State especially government ". Whereas in Article 28I paragraph (5) UUDNRI states , " For " uphold and protect right basic man in accordance with the principle of a dechromatic rule of law , then implementation right basic man guaranteed , regulated , and poured in regulation legislation ." [45]This is done carefully as by Prof. Sadjipto Rahardjo who said that the law is not a final scheme ( finite scheme ) but continues to move, change, following the dynamics of human life. Therefore , the law must dissected and excavated through efforts progressive for reach light light truth in reach justice .[46]  

 

 

 

Bibliography

 

Ahlgren , Kersti . 2019, Freedom of Artistic Expression -- An Analysis of Pactices between Estonia and Finland, Thesis, Faculty of Law, Lund University

 

Asshiddiqie , Jimly . 2008, Principles of Post- Reformation Constitutional Law . Jakarta: PT. Bhuana Knowledge Popular .

 

Section considering the letter b of Law no. 40 of 1999 concerning the Press

 

Bagir Manan, Press, Law, and Human Rights. ( National Library of Indonesia, Jakarta: 2016 )

 

Bekti Nugroho Samsuri, Qualified Press for Smart Society (Press Council, Jakarta: 2013)

 

Charles Tilly, Democracy, (New York: Cambridge University Press, 2007)

 

Djafar , Wahyu , " Reaffirming the Commitment to the Rule of Law: A Notes on Trends The Rule of Law Deficit ", Journal Constitution , 7, 5 ( October 2010)

 

IDG Palguna, Constitutional Court Rationale, authority, and comparison with other countries. (Press Constitution: Jakarta, 2018)

 

Jimly Asshiddiqie, Principles of Post-Reformation Constitutional Law. (Jakarta: PT. Bhuana Popular Science, 2008.)

 

Kersti Ahlgren, Freedom of Artistic Expression -- An Analysis of Pactices between Estonia and Finland, 2019, Thesis, Faculty of Law, Lund University

 

Manan, Bagir . 2016. Press, Law and Rights basic Human . National Library of Indonesia , Jakarta

 

Mardjono Reksodiputro , Hak basic Man In System Justice Criminal , (Jakarta: Service Center Justice and Legal Service , 1994)

 

Muhammad Roqib, et al. The Right to Freedom of Expression and Opinion in Indonesia and in the United States, Journal of Legal Perspectives, Vol 20 No. May 1, 2020,

 

Palguna, IDG 2018. Constitutional Court Rationale, authority, and comparison with other countries. Pres Constitution: Jakarta

 

Raden Imam Al Hafis and Moris Adidi Yogia , Abuse Of Power: Overview To Abuse Power By Official Republic of Indonesia, Journal Publica , Vol 3, No.1,Year 2017

 

Rahardjo , Sadjipto . 2010, Progressive Law Enforcement , Jakarta: Kompas .

 

Tilly, Charles . 2007. Democracy , New York: Cambridge University Press

 

Wahyu Djafar, "Reaffirming the Commitment to the Rule of Law: A Note on the Trend of the Rule of Law Deficit", Journal of the Constitution, 7, 5 (October 2010)

 

Zainal Arifin Mochtar and Eddy OS Hiariej, 2021. Fundamentals of Law in Understanding Rules, Theories, Principles and Philosophy of Law . Erlangga, Yogyakarta.

 

 

Legislation

 

1945 Constitution

 

Universal Declaration of Human Rights (UDHR)

 

Decree of the People's Consultative Assembly of the Republic of Indonesia Number XVII/Mpr/1998 concerning Human Rights

 

Decree of the People's Consultative Assembly of the Republic of Indonesia Number XVII/Mpr/1998 concerning Human Rights

 

Considerations Considering Law Number 14 of 2008 concerning Public Information Disclosure

 

Law Number 14 of 2008 concerning Public Information Disclosure

 

Law Number 39 of 1999 concerning Human Rights.

 

Law Number 39 of 1999 concerning Human Rights.

 

UU no. 14 of 2008 concerning Openness Public Information

 

UU no. 14 of 2008 concerning Public Information Disclosure

 

Law Number 14 of 2008 concerning Transparency Public Information

 

Law No. 32 of the Year on Broadcasting

 

Law Number 40 of 1999 concerning the Press

 

The preamble to Dewa Press Regulation Number: 01/Peraturan-DP/VII/2017 concerning Procedures for Complaints to the Council of Persuasion

 

Dewa Press Regulation Number : 01/ Regulation -DP/VII/2017 Regarding Procedure Complaint To the Press Council

 

Press Council Regulation Number 1/Peraturan-DP/III/2012 concerning Guidelines for Covering Cyber Media

 

Press Council Regulations Number 1/ Regulation -DP/III/2012 Regarding Guidelines Cyber Media Coverage r

 

Press Council Regulation Number 1/Peraturan-DP/III/2013 concerning Guidelines for Handling Cases of Violence Against Journalists

 

Press Council Regulation Number 1/Peraturan-DP/III/2013 concerning Guidelines for Handling Cases of Violence Against Journalists

 

Preamble to the Press Code of Ethics

 

Preamble to the Press Code of Ethics

 

KOMNAS HAM Complaint Handling Procedure

 

KOMNAS HAM Complaint Handling Procedure