Nature of freedom of Expression Press in the Indonesian Constitution

Regarding freedom of the press, it has actually gained legitimacy on a juridical basis as set forth in Article 4 paragraph (1) of Law Number 40 of 1999 concerning the Press that freedom pers guaranteed as right basic citizen . Next paragraph (2) To pers national no worn censorship , banning or prohibition broadcasting . Paragraph (3) For ensure independence press , press national have right seek , obtain , and disseminate ideas and information . Then paragraph (4) In take responsibility front news  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[21]

 

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 throughout 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 throughout no there is the law that limits it . " [22]

 

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

 

This explains explicitly that a rule of law must be able to provide protection for the rights of its citizens as a fundamental instrument in a democratic state based on law, where there is an obligation 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 stated in the text, but really as a representation of the form of the protection and limitation of structured and systematic and institutionalized political and governmental power.[23]

 

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[24]