NATIONAL LAW OF THE REPUBLIC OF INDONESIA
NO: .. OF (YEAR) ..
REGARDING THE PRESS
BY THE GRACE OF GOD THE ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
a. that freedom of the press is a very important element in the life of democracy in Indonesia, guaranteed by the clause on freedom of expression as contained in Article 28 of the 1945 Constitution.
b. that the national press as the vehicle for disseminating mass communication, information, and as an opinion shaper must be able to execute its functions, rights, duties and roles as best as possible;
c. that the National Law No. 11 of 1966 on the Basic Press Regulations as has been amended by National Law No. 4 of 1967 and revised by National Law No. 21 of 1982 should already be changed in accordance with developments;
In View Of: Article 5 clause (1), Article 20 clause (1), Article 27, Article 28 and Article 33 of the 1945 Constitution; With the approval of the PEOPLE’S REPRESENTATIVE ASSEMBLY (D.P.R)
Decides: THE NATIONAL LAW ON THE PRESS
In this National Law, what is meant by:
1. The press, is printed press material published periodically and aimed for the general public, containing news or commentary connected with the public interest.
2. A press corporation is a company that publishes periodical
3. A news bureau is a corporation providing news services, in- cluding that intended for publication in press publications.
4. The national press is the press published by Indonesian press corporations.
5. The foreign press is the press output by press publications from overseas.
6. A foreign journalist is a reporter who works with a foreign media publication or foreign news bureau/agency.
7. A Remote Printing System of a press publication is the transmittal of text and pictures (contents) of a press publication from one site to one or more other destination sites through telecommunications transmission networks for simultaneous or near-simultaneous printing.
8. An advertisement is a message that introduces, publicizes and/or promotes ideas, ideals, suggestions, goods or ser- vices with the purpose of inducing the targeted community to act upon or use the product in accordance with the expec tations of the advertiser.
9. Censorship is the deletion of a portion/the whole of a text to be published, in a forcible manner or any action warning/ reprimanding in a threatening manner by the authorities, or the demand to report or obtain permission from the afore- mentioned authorities, in the carrying out of journalistic duties.
10. A publication ban is the forcible halting of publishing and distribution.
FUNCTIONS, RIGHTS, DUTIES AND THE PRESS’ ROLE
(1) The national press has a function of being a medium of information, education, and entertainment.
(2) Besides the aforementioned functions in item (1), the national press also functions as an economic institution.
(1) Freedom of the press is guaranteed as a human right for citizens.
(2) In order to protect and guarantee press freedom, the national press has rights as follows:
- to seek out, obtain and disseminate information and ideas, including those connected with the private, government, and other sectors which are linked to the public interest;
- to be free from censorship;
- not to be subject to a publication ban by the government;
- freedom from all legal regulations and stipulations which contravene the principles of freedom of the press;
- creation of an atmosphere that can cultivate press freedom and one that can achieve such a goal without any restrictions.
(3) In taking responsibility regarding an article in the face of the law, the Chief Editor and journalists have the Right of Refusal.
(1) A press publication has the duty to report a judicial process in a fair and accurate manner, and not pre-judge the defendant or suspect (trial by the press).
(2) The reading public can request a press publication to print the Right of Reply or the Right of Correction, in cases where the press publication concerned publishes incorrect news, libelous matter and/or calls to incite. The Chief Editor has an obligation to publish the said Right of Reply or Right of Correction in a proper manner.
(3) In the case of a Chief Editor refusing to print a correction or response towards a news story, and the reader feels dissatisfied, then the said reader may forward his complaint to the Press Council and/or the courts of law.
The national press executes a role as follows:
a. fulfilling the public’s right to know;
b. to assist development of public opinion based on adequate and accurate information;
c. uphold the dignity of the law and democracy along with a respect for diversity;
d. to fight for the principles of righteousness and justice.
(1) Every citizen has the right to undertake, together with any other citizen of Indonesia, the running of a press publication.
(2) Each press publication must be registered at the Department of Information.
(3) The registration of a press publication will be submitted by the Corporate Head of the press entity involved through attaching:
- a filled-out registration form mentioning the name of the company and press publication, the management and the address;
- A copy of the press publication’s document of establishment.
(4) The press publication’s registration document will be issued at the latest 15 working days after the requirements above are accepted.
(5) The management of a press publication will comprise at the least the General Manager and the Chief Editor:
- The General Manager will be responsible for the whole management policy of the press publication, whether internally or externally.
- The Chief Editor will be responsible for the whole printed contents of the press publication.
In order to expand and develop news reporting both domestically and overseas, every citizen along with any other Indonesian citizens, or the press entities, may collectively set up a news agency. The said news agency/bureau must be registered at the Department of Information as stipulated in Article 6, clause (3).
(1) Each press publication must be operated by a press corporation in the form of an Indonesian legal entity, which has as its field of activity, the publication of press articles/opinion.
(2) A press corporation must be established by an Indonesian citizen and/or an Indonesian legal entity; with the management comprising wholly of Indonesian citizens.
(3) A press corporation must be established with a basic initial capital which is wholly owned by Indonesian citizens or an Indonesian legal entity.
(4) Supplemental capital for the purpose of developing the press corporation, which is derived from foreign capital sources, may only be conducted through the capital markets in accordance with the legal regulations in effect.
Ownership of any monopoly by a press corporation is forbidden. Further stipulations regarding the ownership of such a monopoly are regulated through a Government Ruling.
Press publications are forbidden to publish advertisements that:
a. contain promotions related to the teachings of any religion, personality, category of people, and/or grouping, that offend the feelings and degrade the honor and dignity of other religions, other persons, other categories, and/or other groups.
b. promote any goods and services in an excessive or misleading manner, whether regarding quality, origin, contents, size, characteristics, composition, or genuineness;
c. advertise alcoholic drinks and the like, addictive materials/substances, and promotions that depict cigarettes and/or the use of cigarettes.
d. matters that offend the society’s moral values and feelings.
THE PRESS COUNCIL
(1) Within the framework of developing freedom of the press and enhancing the national press’ existence, an independent Press Council will be established.
(2) In order to achieve those goals, the Press Council will execute the following functions:
- analyze matters related to the press, and conveying its suggestions to the government and community, regarding those matters.
- protecting this press freedom from interference by other parties, upgrading professional standards in the field of the press, and expanding communications among the press, society, and government;
- accepting, studying, and making decisions on further actions regarding complaints from the society.
(3) The Press Council consists of 15 people, including the Chairman and Deputy Chairman elected from and by members. Membership in the Press Council includes:
- 5 (five) journalists selected by journalistic organizations;
- 5 (five) press corporation owners or managers who have been chosen by corporate press organizations;
- 5 (five) experts in press and other matters, who are selected by journalists’ and press corporation organizations.
(4) Members of the Press Council as mentioned in clause (3) of this Article are determined through a Presidential Decision.
(5) Membership in the Press Council will be effective for a period of three years and afterwards may be extended, however, for no longer than 2 (two) terms.
(6) The Government will provide adequate funding as needed by the Press Council in order to fulfill its functions. The Press Council after carrying out consultations with journalists’ organizations, corporate press organizations, and other parties related with the press, may raise funds for its operational development.
FOREIGN PRESS AND FOREIGN JOURNALISTS
(1) The foreign press can circulate and carry out remote printing operations in Indonesia, after being registered at the Department of Information, as stipulated in Article 6, clause (3).
(2) Representatives of the foreign press and foreign journalists who are employed by foreign press publications may work in Indonesia after registration at the Department of Information, as stipulated in Article 6, clause (3).
Members of society may conduct activities to develop press freedom and to guarantee the right to obtain information needed. The activities can take the form of:
a. monitoring and reporting matters related to press publications;
b. providing recommendations/ suggestions to the Press Council;
c. providing opportunities for obtaining education and training to press members;
d. setting up organizations and institutions for conducting the activities mentioned in items a, b, and c.
(1) Any action causing impediments or obstructions to the execution of Article 2, Article 3, and Article 5 will be punishable by imprisonment up to a maximum of 1 (one) year, and fines to a maximum of Rp. 100,000,000 (one hundred million Rupiahs).
(2) Violations against Article 4, clause (1) and clause (2); Article 6 clause (1) and clause (2); Article 10; Article 11, clause 5, will beliable to fines up to a maximum of Rp 100,000,000 (one hundred million Rupiahs).
(3) Violations towards Article 8 and Article 9 are punishable by fine to a maximum of Rp. 1,000,000,000 (one billion Rupiahs).
With the enactment of this National Law, all executory regulations in the press field still in effect, and entities/institutions still in existence, remain valid or may continue functioning as long as they do not contradict or have not been amended by new regulations based on this National Law.
With the enactment of this National Law, the National Law No. 11 of 1966 regarding the Basic Stipulations on the Press as appended and revised through the National Law No. 4 of 1967 and National Law No. 21 of 1982, along with Stipulations in National Law No. 4 PNPS of 1963 concerning Preventive Actions against printed material whose contents may disturb the public order; particularly regarding bulletins, daily newspapers, magazines, and other periodicals; along with all their executory regulations, are herewith declared invalid.
This National Law will become effective at the time of enactment. In order that all persons may be aware of this Law, it is declared that the announcement of this National Law will be placed within the State Documents of the Republic of Indonesia.
Enacted at : Jakarta
On : (date)
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Made into law in: Jakarta
THE STATE MINISTER & STATE SECRETARY
REPUBLIC OF INDONESIA
STATE DOCUMENT OF THE REPUBLIC OF INDONESIA
YEAR … NUMBER …