Nature of freedom of Expression Press in the Indonesian Constitution

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. [11]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 that says 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 people's sovereignty 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 of people's aspirations.

 

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. [12]

 

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.[13] 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 [14].

 

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 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[15]