Press in
Mailinda Eka Yuniza[1]
Abstract
This paper will examine the unique condition of press in
Kata Kunci: Civil Society, Freedom of Press, Civil Culture
I. Introduction
The idea of civil society is believed as the latest solution for democracy.[4] The origin of the concept of civil society could be traced back at the ancient Greek era and was reinvented by scholars in Eastern Europe and
There are at least three different definitions of the concept of civil society:[8] first, civil society as a third sphere between state and market; second, civil society as good society; and third, civil society as public sphere in which different ideas could be discussed and contested. Related to this differentiation, there is a heat discussion among scholars about the boundary of the concept of civil society, what is inside and what is outside the concept. However, besides the differences, most of the scholars agree that press[9] is an important part of civil society.
In Gramsci definition of civil society as a public sphere, the role of press is important since the press is the key actor in providing balance information to fulfill public right of information. Press also has important role as the watchdog of the state action, checking on abuses of power and position. It is public right to get balance information of all idea, mainstream and alternatives idea and to get proper information about what is happen. If only certain truth facilitated in public sphere or certain truth heard louder than the others, public interest can be suffered. Therefore, press co-opted by state or press tendency to certain political group, could cause public suffering.
Silencing alternative idea and terminating variety of public discourse by co-opting press is used by authoritarian government as a tool to protect their power. This is the case in
It is interesting that the enactment of the guaranty of freedom of press in Law by the state in
II. Press and Civil Society in
a. Theory of the Concept of Civil Society and Press
Lee Hock Guan states in Introduction of Civil Society in Southeast Asia that the concept of civil society defies any clear definitive meanings since it has both normative and descriptive dimensions, which is a feature of “essentially contested concept”.[12] The usage of the concept becomes more contentious since the concept is complex and widely offers flexibility in usage for different intentions and situations. On the other hand, the concept has considerable request because it “embodies for many an ethical ideal of social order, one that, if not overcome, at least harmonizes the conflicting demands of individual interest and social goods”.[13]
The concept of civil society originally is a western concept which then widely spread across the world. Lee Hock Guan describes two different views of the concept of civil society in Western countries: a “conflict” view which was emerged from the Central and East European context and “social capital” view which was established from the American context.[14] The first view sees civil society as voluntary organizations which have important role in the process of democracy in Central and
Another scholar, Michael Edward, in “civil society” describes three most recognized school of thought concerning about civil society.[16] The first concept perceives civil society as a third sphere between state and market which consists of voluntary organizations that are opponents of the state. The second school of thought believes that civil society is a kind of society as opposed of “uncivil society”. This model concerns with the behavioral aspect of a society. The third approach argues that civil society is an arena for association, institutional collaboration as well as debate and contestation among ideas developed in community. The existence of public sphere is important to elaborate ideas, both mainstream and alternative ideas, which both are important for democracy. This concept was emerged as further exploration of the Marxist concept of civil society which is triggered the concept used by East European countries in the first view (the “conflict view”).
Regarding the concept of civil society described by Lee Hock Guan and Michael Edward, it appears that the meaning of the concept of civil society is multifaceted which could be understood extremely different by each country. The meaning and the aim of this concept is shaped by the three important spheres: state, market and civil society itself. The dominancy of power in the society by each spheres or a specific background of the country could have a very important role in shaping the meaning and the aim of the concept. While the state could be the opponent of the civil society, it is worth noting that in some cases there are civil societies supporting the state or even co-opted by the state. Civil society in one country is not always homogeneous. Different civil society could have different aim which might be contradict each other and even if they have the same aim, there is possibility that they will use different approach to achieve their aims. Moreover, market also could have a very important role in influencing state policy toward civil society.
Press is one of important actor in the civil society. It is generally recognized that media (including press), civil society and democracy is closely related. Erfried Adam states that it is impossible to think about democracy, freedom and social justice without independent media: “Pluralism and peaceful cooperation can only be embedded within society when state, economy and civil society can interchange with each other toward the media”.[17] However, the relationship between state, economy, civil society and press in achieving and maintaining democracy is more complicated than what it looked like in the first glance. The question of autonomy of the media (including press) is always debated in its relation with state, economy and civil society.
Press independence is also based on Article 19 of the Universal Declaration of Human Right (UDHR) which guarantees the right to freedom of expression:
“Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinion without interference and to seek, receive and impart information and ideas through any media and regardless of frontier”.[18]
Furthermore, The United Nation Human Rights Committee has stressed the important role of independent press in the political process:
“(T)he free communication of information and ideas about public and potential issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion”.[19]
However, the freedom of press is not absolute. Article 19 of the International Covenant on Civil and Political Right (ICCPR) stated that the restriction toward press should meet some requirements which are:
“The exercise of rights provided by for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputation of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals”.[20]
It is difficult to find consensus among journalist or scholar whether Indonesian’ press could be truly independent in
III. Press and Regulation in
Describing the history and the condition of press in
a. Press before Suharto Era
The first emergence of Indonesian’ newspaper was in the 1930s[23] particularly in relation with Sumpah Pemuda, a congress of youth organization which was attended by the youth representative from all parts of
After the independence of
b. Press during Suharto Era
In 1966 the presidency of Sukarno was end and was transferred to Suharto who has arranged a SUPERSEMAR, Surat Perintah Sebelas Maret (a letter of command at
The first regulation on press issued by state after the Independence Day (
The amendments of Law Number 11/1966 on Press happened in 1967 and in 1982 by Law Number 4/1967 and Law Number 21/1982. Some keywords of the Indonesian radical terminology used in the Law Number 11/1966 was replaced in these amendment, such as: the lexicon “a tool of revolution” replaced by “a tool of National struggle”, “an activator of the mass” replaced by “activator of national development”, “a guardian of revolution” changed with “a guardian of the ideology Pancasila” and “Pancasila socialist press” replaced by “Pancasila press”.[31] Furthermore, while several matters in the Law Number 11/1966 “were to be decided together by government and Press Council”[32], in the Law Number 21/1982 these matters “were to be decided by government after listening the advice from Press Council”.[33] Another fundamental change brought by Law Number 21/1982 is the replacement of “the transitional requirement of SIT (permit to publish) issued by Department of Information” with SIUPP (Surat Izin Usaha Penerbitan Press, a Press Publication Enterprise Permit). The difference between these two licenses is the object of the licenses. The object of the first license is more about the individual content while the object of the second license is enterprise. Furthermore, to get the SIUPP there are more supporting letters and preliminary permits needed, such as: letters of support from all relevant professional organizations (the Indonesian Journalists Association and the Press Publishers Association) at both national and regional letter, several permits from civilian and military authorities, together with supporting letters from the financing bank and the printing company.[34] Briefly, the existence of SIUPP system made possible for the government to control the press stronger than before.
The more controversial rule was issued by the Minister of Information in Minister of Information’s Regulation Number 1/1984 concerning on application of Law Number 21/1982. This Minister Regulation authorized the right of the Minister of Information to withdraw SIUPP and to ban any paper, without recourse to public defense or trial. Commenting this condition Daniel Lev stated that “as in modern states generally law and legal process are an essential ingredient of the (Gramscian) hegemony….The New Order state justifies its exercise of political prerogative by a claim to rule of law” [35] The notion of constitutionalism (1945 constitution) and legalism was used by the rulers of the government to formulate expected ideology since its very inception. Legality is used as a means to normalize the power relation between the state and civil society. The judiciary functions as an arm of government and legal process is a tool to physically constrain, delegitimize and marginalize dissenters.[36]
It is worth noting that in the New Order Era, particularly in 1969, government under a Department of Information Ministerial Decree Number 02/PER/MENPEN/1969 obliged Indonesian journalists to be the member of the PWI (Persatuan Wartawan
While in the early of the new order era the press asked the government to recognize them as “a good partner in accelerating development”, the government wanted the press to be “free and responsible”. However, it is not clear “free to do what” and “responsible to whom”.[38] Regarding this ambiguity, Toeti Kakiailatu commented: “this instituted a system of what can be called ‘self censorship’ whereby a journalist or editor had to develop a “sixth sense” about what type of content might lead to one of these licenses being revoked, and readers had to develop an astute ability ‘to read between the lines’.[39] Furthermore, there was certain issue that recognized as taboo in new order era (It is related to sensitive issue which abbreviated as SARA which is stand for ethnic, religious, race and group). However, the taboo is not regulated formally by law, but instead by “a telephone culture”. [40]
Beside a self-censorship mechanism, linguistic restraint, warnings and bans, the independence of the press is also shaped by marketplace. Since 1978, it could be said that the declining number of press publications[41] was caused by accumulation of capital rather than by state bans. Exclusion was made for three bans happened in 1994. There was a consensus between the Information Minister and the Newspaper Publisher Association (SPS) to limit the number of permit issued.[42] This consensus was following a call from Press Council to suspend new SIUPP to protect the interest of the established members of SPS and Press Council. Cristian Wibisono commented the consensus among SPS, Press Council and the Minister of Information as a cartel, a protector of the established periodicals against new competitors. [43] Since the SIUPP can not officially bought and sold and since the government limited the number of SIUPP issued, large publisher enterprises start to forming “joint venture and capital investment” with smaller unfortunate enterprises in the aim to expand their capital.[44] Therefore, the smaller regional newspapers were collapsing or absorbed by a limited number of giant enterprises.
c. Press after Suharto Era
Suharto resigned from his presidency at
Suharto was replaced by B.J. Habibie. Although Habibibie only led the country for nine months, he managed to free the press from censorship and reforms.[45] He appointed Yunus Yosfiah as the Minister of Information who abolishing SIUPP system (thus new press could be established without need a permit), renouncing censorship and allowing journalists to establish their own voluntary professional organization (Aliansi Jurnalis Indonesia which is different from the old government-dominated journalists’ organization PWI, an association of Indonesian Journalists). Press is recognized as the partner of the government. Furthermore, the new press law was also enacted; Law Number 40/1999 on Press which replaced the old law, Law Number 11/1966 on and its amendment, Law Number 4/1967 and Law Number 21/1982. The law is believed as the first law liberating the press from tyranny.[46]
Law Number 40/1999 on Press consists of 21 articles. The first important thing stated in the law is the recognition of freedom of press as the implementation of people sovereignty which based on the principle of democracy, justice and rule of law.[47] Furthermore, the freedom of press is guaranteed as part of human right.[48] It is worth noting that different with the old press law which stated that freedom of press should be responsible,[49] this law giving more space and protection for press by warranting press from possibility of censorships.[50] Article 4 (3) Law Number 40/1999 provides that press has right to seek, acquire and disseminate ideas and information.[51] The breach of article 4(2) and article 4 (3) of the law is punishable by up two years or maximum fines Rupiah 500,000,000 (article 18(1)).[52]
This press law also protects journalists. Article 7 (1) recognizes right of journalist to choose voluntarily their professional organization.[53] They also protected in doing their job.[54] Furthermore, the law recognized the right of Indonesian citizens and the state to established press companies.[55]
However, there are limitation for press and journalists. Firstly, in reporting events and opinions press should respect religious and moral norms and should in accordance with the presumption of innocence.[56] Secondly, press is also obliged to respect the right of reply[57] and the right of correction in relation to inaccurate information.[58] Breach of these obligations may lead to fine of up to Rupiah 500,000,000.[59]
There are some critics regarding the new law. Firstly, the limitation of press in reporting events and opinion which should respect religious and moral norms is believed as too abstract, subjective and too broad, thus inappropriate as a subject of legal obligations.[60] Some international law using phrase such as racial discrimination, hatred and violence as limitation, however this words are much narrower than terminology used as limitation in this law. Furthermore, the prescription of right to reply in this law is also problematic. In any case, certain condition should apply to the right to reply: [61]
“a. the right should only be available to respond the statement which breach a legal right of the person involved, not to comment on opinion which the reader or viewer does not like;
b. it should receive similar prominence to the original article or broadcast;
c. it should proportionate in length to the original article or broadcast;
d. it should be restricted to addressing the impugned statements in the original text; and
e. it should not be taken as an opportunity to introduce new issues or to comment on other correct facts”
In law number 40/1999, the solely explanation about the right to reply is it embedded to statements which are unfavorable to the person that claiming the right. There is no requirement that the statement be false. It is also not clear whether the aggrieved person should use this right before summoning the press or how much spaces should be given by the press to the aggrieved person. Is it should be balance with the news unfavorable with him? How long is the time given to the press to process the right to reply? All of these questions do not properly answer in the law. However, besides these critics, the law has shown a positive will from the state to protect the freedom of press.
Back to government, Habibie was not elected as Indonesian president for the next period[62] and was replaced by Abdurrahman Wahid (Gus Dur). The most important policy took by Gus Dur related to press freedom is the liquidation of Departement of Information which has a direct control toward press.[63] In the other hand, press became more critical particularly toward government officials and policy. Since the very early stage of Gus Dur presidency, he was haunted by rumors of several corruption scandals spread by press.[64] Furthermore, the increasing number of street violence cases and crimes and the heating rumors about state official scandals led the journalists to be obsessed (or trapped) by sensational reports. The increasing tensions of the state-press relation reached a peak when the President accused “the press of character assassination, and become increasingly reclusive, autocratic and unpredictable”.[65]
Gus Dur was impeached by
The latest president replacing Megawati is Susilo Bambang Yudhoyono. Yudhoyono stated his support for press independence. Good news for press freedom in Yudhoyono presidency was the annulment of articles 134, 136 and 137 of Criminal Code which content a restriction of freedom of press. These articles stated that “anyone who disseminated, demonstrated openly or put up writing or a portrait insulting the president or vice-president could be jailed for up to six years”.[66] However, the number of journalists who physically violated, threatened and harassed by army or ‘uncivil society’ are still high. Furthermore, the penalties for press offences were strengthened and a new anti terror law gave more power to the security forces.
IV. Ambiguities of Press in
There are some important features in the Law Number 40/1999 which is moving forward than the previous press law:[67] “a. it frees the Indonesian media from the discretionary control of the Ministry of Information; b. it abolishes the system of licensing, c. it establishes fines and sanctions for those obstructing press freedom, d. it makes supervision of the press a matter for the press itself, e. it calls for an independent code of conduct for journalists”. It appears that this formal regulation give more power and protection to the press as part of civil society. Based on neo-Tocquevillian zero-sum theory, the existence of the law will be followed by a stronger position of the civil society. However, the number of publishers in
a. Decreasing Number of Publisher
The result of the abolishment of SIUPP and the liquidation of Department of Information right after the resignation of Suharto was the increasing number of press publishers in
In the first year after the resignation of Suharto, the number of press publisher increased dramatically, from 289 publishers before reformation era (1998) to about 1687 in the first year after reformation.[68] The increasing number did not only happen in the case of national publisher, but also for local publisher. While in the New Order era the government subsidized local press under KMD program (Koran Masuk Desa, a program introducing newspaper in the villages) which was conducted by Department of Information,[69] after the liquidation of the department, the task to publish periodical for local community was took over by press industry. The involvement of press industry increased the number of local periodical. For example: the number of press publishers in
The number of Indonesian population increased from about 178,500,000 people in 1990 to 205,843,000 people in 2000 (the world’ fourth largest in size),[73] a potentially big market for periodicals. Furthermore, the rapid economic growth in
Although the sales figures of periodical decreased in reformation era (because of the economic crisis in the mid 1990s), the abolishing of SIUPP and the liquidation of Department of Information triggered the emergence of many new press publishers. Related to the deregulation and the development of media industry, there are some interesting phenomena in press industry:[76] a. the emergence of press franchising of foreign periodicals such as Cosmopolitan, Playboy, F-1, Her World and Female Indonesia (the existence of some foreign periodical such as Cosmopolitan and Playboy in Indonesia triggers a lot of protests from Moslems and Moslem organizations since it accused as adult magazines which content nudity); b. the involvement of non-media industry to media industry, such as: Lippo Group which has important role in insurance industry involved in media industry; c. the development of media industry such as internet; d. the participation of media industry in the stock exchange market; e. the specification of press publishers in terms of its news and its market.
However, after arousing in the early of reformation era, some of press publishers are closed in the later years because of several reasons particularly financial difficulties and poor management.[77] From about 1,687 publishers in the 1999 decreased to about 705 publishers in 2000.[78] Different with the condition in New Order Era (an era during Suharto presidency) in which the decreasing number of press publishers are mostly caused by state’ banning, the decreasing number of press publisher after the resignation of Suharto are because of economic reason. For example: Jakarta-Jakarta magazine was closed by its owner because of financial problem and dispute between its management and staffs (this case showed how journalists are vulnerable toward its media owner counterpart; this case will be discussed in more detail in the next part). [79]
It was interesting that local periodical is also experimenting euphoria like local periodicals. The increasing number of local periodicals decreased significantly in the end of 1999. Although Agung Adi Prasetyo argued that the existence of big local publishing companies that expand their market to local market did not necessarily influence the number of sales of periodicals published by local publishers,[80] this condition inevitably increased the competition between big national publishers and local publishers. However, since the liquidation of the Department of Information, there is no institution that census the number and the development of press in
b. Declining level of independency
Reporters without Borders are registered in
The annual report and the index were firstly published in 2002. While the annual report contents a brief report of condition of press in each country every year, the index of press freedom measures the level of freedom enjoyed by journalists and news organizations in the world in the same period. The index also considers the efforts made by the state to respect and ensure respect for the press freedom.
Reporters without Borders compiled a questionnaire with 50 criteria for assessing the state of press freedom in each country which was sent to its partner organizations, its 130 correspondents around the world, as well as to journalists, researchers, jurists and human rights activists. A scale devised by the organizations was then used to give a country-score to each questionnaire. In processing data they have got, Reporters without Borders is assisted and advised by The Statistics Institute of the
Some important features considered by the organization in deciding each country score and level are:[84] a. every kind of violation directly affecting journalists (such as murders, imprisonment, physical attacks and threats) and news media (censorship, confiscation of issues, searches and harassment), b. the degree of impunity enjoyed by those responsible for such violations, c. the legal situation affecting the news media (such as penalties for press offences, the existence of a state monopoly in certain areas and the existence of a regulatory body), d. the behavior of the authorities towards the state-owned news media and the foreign press, e. the main obstacles of the free flow of information on the Internet, f. the abuses attributable to armed militias, clandestine organizations or pressure groups that can pose a real threat to press freedom. Although the index can not be used as the indication of the quality of press in the country concerned,[85] it is a worth indication to measure the development of press freedom in the country.
In the first time the Index was published in 2002,
In 2002, Reporters without Borders noted that media in
The level of
The higher score was achieved in 2005 which increased the Indonesian press freedom score for 11.75 points. There is no particular report of the condition of press freedom in
In 2006, the score of press freedom in
VI. Conclusion
The resignation of Suharto from his presidency in 1998 brought good news for press freedom in
The condition is different in the post Suharto era. The abolishment of SIUPP and the liquidation of Department of Information which has power to control press in 1999 are a forward step taken by the government to encourage the freedom of press. The enactment of law number 40/1999 on Press which replaced the old press law gives a more protection to press and journalist. However, unlike the prediction of neo-Tocqueffilian zero-sum theory which stated that the loosen power of the state toward civil society will be followed by the stronger position of civil society, the condition in
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2. Legislations/Regulations
UN General Assembly Resolution 217A (III)
International Covenant on Civil and Political Right (ICCPR)
The 1945 Constitution of
Law Number 11/1966 on Press
Law Number 21/1982 on Press
TAP MPR RI XVII/MPR/1998(the decision of House of Representative of Indonesia Number XVII/MPR/1998) on Human Right
Law Number 39/1999 on Human Right Law Number 39/1999 on Human Right
Law Number 40/ 1999 on Press
Law Number 12/2005 on Ratification of International Civil and Political Rights
Decision of the Minister of Information Number 214A/KEP/MEN/PEN/1984 on Procedure and Condition for obtaining a SIUPP
Department of Information Ministerial Decree Number 02/PER/MENPEN/1969
[1] Dosen Hukum Administrasi Negara Fakultas Hukum UGM
[2] Eddy Suprapto, Ign. Haryanto, Heru Hendratmoko, Annual Report 200-2001: Euforia, Konsentrasi Modal dan Tekanan Massa, 2001, p. 15.
[3] Reporters Without Borders, http://www.rsf.org, seen at 23rd Mei 2007.
[4] Michael Walzer, The Concept of Civil Society, in Michael Walzer, Toward a Global Civil Society, 1995. He stated that “[o]nly a democratic state can create a democratic civil society; only a democratic civil society can sustain a democratic state”.
[5]See: Michael Edwards, Civil Society, 2004, p. 2; Garry Rodan, Civil Society and Other Political Possibilities in
[6] See: Garry Rodan,, ibid; ProQuest Asian Bussiness and Reference pg. 156. He describes how the authoritarian government in
[7] Neera Chandhoke said that the wide range of the meaning of civil society has “flattened out to such an alarming extent that it loses its credibility”. The similar comment has been given by Kaviraj and Khilnani who saw the popularity of the concept contribute to “a problem of indeterminacy”.
[8] See: Michael Edwards, above n. 2.
[9] In this paper, I limited the definition of press as periodicals including newspapers, magazines, tabloid and bulletin.
[10] Eddy Suprapto, Ign. Haryanto, Heru Hendratmoko, Annual Report 200-2001: Euforia, Konsentrasi Modal dan Tekanan Massa, 2001, p. 15.
[11] Reporters Without Borders, http://www.rsf.org, seen at 23rd Mei 2007.
[12] Lee Hock Guan, Introduction Civil Society in Southeast Asia, in Civil Society in Southeast Asia, Lee Hock Guan (eds), 2004, p. 1.
[13] Ibid p. 2.
[14] Ibid p. 2-10.
[15] Ibid p. 7.
[16] Michael Edwards, above n 2.
[17] Erfried Adam, Media and Democracy in
[18] UN General Assembly Resolution 217A (III).
[19] UN Human Rights Committee General Comment 25, issued
[20] Article 19 (3) International Covenant on Civil and Political Right (ICCPR).
[21] Atmakususmah, A.K.A. (ed), Mochtar Lubis: Wartawan Jihad ( Mochtar Lubis: Fighting Journalist), 1992, p 22-23.
[22] Anggara, Kejahatan Pers dalam Perspektif Hukum (Crime Related Cases in Legal Perspective), http://anggara.wordpress.com/2006/11/07/kejahatan-pers-dalam-perspektif-hukum/, viewed at
[23] It was De Express in
[24] David T. Hill, The Press in New Order
[25] It was Abadi,
[26] Toeti Kakialatu, Media in
[27] Jones Howard Palfrey,
[28] Article 28 of the 1945 Constituttion of
[29] Toeti Kakialatu, above n 16, p. 63. During 1963-1967, 163 newspapers across the country are banned.
[30] Chapter 2 article 4 stated: “No censorship and or bridling shall be applied to the national press”. Chapter 2 article 5.1: “Freedom of the press is guaranteed in accordance with the fundamental rights of citizens”. Chapter 4 article 8.2 : No publication permit is needed.
[31] More complete amendment of radical lexicon see article 1 Law Number 21/1982 on Press.
[32] Press Council is an institution which consists of representatives from press organization and the society including press experts. The role of Press Council is to assist the government in supervising the development and the growth of national press, thus positive interaction between the government, press and society could be developed.
[33] Article 1b Law Number 21/1982 on Press.
[34] David T. Hill, above n 29, 1994, p. 48. See also: Decision of the Minister of Information Number 214A/KEP/MEN/PEN/1984 on Procedure and Condition for obtaining a SIUPP.
[35] Michael Van Langenberg, The New
[36] Ibid. During 1966-1967 court is utilized to display trial seditious intent from communists. During 1987-1990, a lot of seditious cases was brought to santri dissenters.
[37] Department of Information Ministerial Decree Number 02/PER/MENPEN/1969.
[38] Should the press responsible to the state? Or should the press responsible to the reader? Which reader are they responsible for?
[39] Toeti Kakialatu, above n 31, p. 63.
[40] David T. Hill, above n 29, p. 45. The mechanism of telephone culture is the authorities called the editors of the press appealing certain article not to be published. If the periodical still published such article, written warning from authorities will be sent. Finally, an ignorance of written warning could cause a revocation of the press’ lisence.
[41] The number of publications was 283 in 1975, dropped to 256 in 1986 and slightly increased in 1991 to 270. See:Ibid, p. 53.
[42] The total number of permit issued in April 1991 was 264.
[43] Ibid, p. 35.
[44]Ibid, p. 54.
[45] In the nine months of his presidency, Habibie managed to accomplish four important reforms: freeing the press from censorship and control, allowing political freedom in establishing new parties, conducting general election and allowing referendum toward
[46] Jose Manuel Tesoro,
[47] Article 2 Law Number 40/1999 on Press.
[48] Article 4 (1) Law Number 40/1999 on Press.
[49] Article 5 (2) Law Number 11/1966 on Press.
[50] Article 4 (2) Law Number 40/1999 on Press.
[51] Article 4 (3) Law Number 40/1999 on Press.
[52] Article 18 (1) Law Number 40/1999 on Press.
[53] Article 7 (1) Law Number 40/1999 on Press.
[54] Article 8 Law Number 40/1999 on Press.
[55] Article 9 (1) Law Number 40/1999 on Press.
[56] Article 5 (1) Law Number 40/1999 on Press.
[57] Article 5 (2) Law Number 40/1999 on Press.
[58] Article 5(3) Law Number 40/1999 on Press.
[59] Article 18 (2) Law Number 40/1999 on Press.
[60] Article 19, Note on The Indonesian Press Law, http://www.article19.org/pdfs/analysis/indonesia-press-law-feb-2004.pdf, viewed at
[61]Ibid.
[62] Public still believed that Habibie is part of the old regime under Suharto. He also was blamed for the separation of
[63] Tread’s and Associate, Mengapa Somasi : Kasus Hukum Tomy Winata vs Tempo ( Why should somasi: Tomy Winata against Tempo),2003, p. vii.
[64] For example:
[65]Ibid.
[66] International Press Institute, World Press Freedom Review 2006, http://www.Freemedia.at/cms/ipi/freedom_detail.html?country=/KW001/KW005/k, viewed at
[67] Jose Manuel Tesoro, above n 52.
[68] This number is an estimation which was counted from the number of SIUPP issued by the government before the reformation era (289 SIUPP) and the number of SIUPP issued by the government after the reformation era, in the first year before SIUPP system is abolished (1.398 SIUPP). So the total is 1687. However, since the SIUPP system is abolished, there is no exact data about the number press publishers in
[69] David T. Hill, above n 29, p. 47.
[70] Eddy Suprapto, Ign. Haryanto, Heru Hendratmoko, above n 8, p. 34.
[71]Ibid.
[72] It was stated by
[73] Ulasan Singkat Sensus Penduduk Tahun 2000 (a brief description of population census in 2000), http://www.bps.go.id/sector/population/Pop_indo.htm, viewed at
[74] The estimated sales figures of some newspapers in Indonesia in 1991 were: Kompas ± 522,875; Pos Kota ± 500,000; Jawa Post ± 350,000; Suara Pembaharuan ± 338,802; Media Indonesia ± 302,000; Pikiran Rakyat ± 180,600; Kedaulatan Rakyat ± 105,000; Surya ± 127,983; Suara Merdeka ± 170,700. The total is 2,597,960. This number is only 1% of Indonesian population. See: Department of Information 1991/1992 cited by Dedy N. Hidayat, Mass Media: Between the Palace and the Market, in Richard W. Baker, et all (ed),
[75] From 10 of the biggest advertising agencies in the world, five established branch in
[76] Eddy Suprapto, Ign. Haryanto, Heru Hendratmoko, above n 8, p. 16.
[77] P. Bambang Wisudo, "Bulan Madu Pers Telah Berakhir" (The Honeymoon Period is Finish), Kompas,
[78] Eddy Suprapto, Ign. Haryanto, Heru Hendratmoko, above n 8, p. 15. See also: Reporters Without Borders, Indonesia-Annual Report 2007, http://www.rsf.org/article.php3?id_article=20786, viewed at 20th Mei 2007.
[79] Ariel Heryanto, Stanley Yoseph Adi, The Industrialization of the Media in Democratizing Indonesia, http://web.ebscohost.com.ezproxy.lib.unimelb.edu.au/ehost/detail?vid=1&hid=105&sid=b2bf340e-1fc2-4ce9-afe5-df47f60225d3, %40sessionmgr104viewed at 13th January 2007.
[80] Eddy Suprapto, Ign. Haryanto, Heru Hendratmoko, above n.8, p. 33-35.
[81] Reporters without Borders for press freedom, http://www.rsf.org/rubrique.php3?id_rubrique=280, viewed at
[82]Ibid.
[83] Reporters without Borders for Press Freedom, Worldwide Press Freedom Index 2006: How the index was compiled, http://www.rsf.org/article.php3?id_article=19391, viewed
[84]Ibid.
[85]Ibid.
[86] Reporters Without Borders, above n. 9.
[87] Reporters without Borders for Press Freedom, Indonesia Annual Report 2002, http://www.rsf.org/article.php3?id_article=1464, viewed at
[88] Some incident threaten press freedom in
[89] Prosecutor for Sander Thoenes, a Dutch journalist who murdered in
[90] Reporters without Borders for Press Freedom, Indonesia Annual Report 2003, http://www.rsf.org/article.php3?id_article=6469, viewed at
[91] Reporters without Borders for Press Freedom, Indonesia Annual Report 2004, http://www.rsf.org/article.php3?id_article=10172, viewed at
[92] Reporters without Borders for Press Freedom, Introduction Asia - Annual Report 2005, http://www.rsf.org/rubrique.php3?id_rubrique=512, viewed at
[93] Reporters without Borders for Press Freedom, 2006 Annual report Asia-Indonesia, http://www.rsf.org/article.php3?id_article=17353, viewed at
[94] Maureen MacNeill, World Press Freedom Review:
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