JRSSEM 2021, Vol. 01, No. 3, 255 – 270
E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494
DOI : 10.36418/jrssem.v1i3.27 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
FREEDOM AND THE ROLE OF THE PRESS ON LAW
ENFORCEMENT REVIEWED IN THE PERSPECTIVE OF LAW
NUMBER: 40 OF 1999, CONCERNING THE PRESS
Satino
1
Yuliana Yuli W
2*
Iswahyuni Adil
3
1,2 3
Veterans National Development University, Jakarta, Indonesia
e-mail: [email protected]
1
, [email protected]
2
, iswahyuni@upnvj.ac.id
3
*Correspondence: [email protected]
Submitted:13 October 2021, Revised: 21 October 2021, Accepted: 27 October 2021
Abstract. Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a
role in efforts to realize a good life together. The struggle of the Indonesian press to achieve
freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press.
The purpose of this study is to find out how the freedom and role of the press in law enforcement
are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study
uses a sociological juridical method, the results of research conducted on real facts in society with
the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading
to problem identification and leading to problem solving. The results of the research include the
press trying to carry out its functions, rights, obligations, and roles, so the press must respect the
human rights of everyone. The press has an important role in realizing Human Rights (HAM), as
guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia
Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the
freedom of the press in conveying public information in an honest and balanced manner and that
freedom of the press is not absolute for the press alone, but to guarantee the rights of the public
to obtain information. what happened in the context of realizing press freedom as contained in
Law/040/1999 concerning the Press.
Keywords: freedom of the press; freedom of speech; law number 40 of 1999.
Satino, Yuliana Yuli W, Iswahyuni Adil | 256
INTRODUCTION
The growth and development of the
national press has a relationship with each
other, with the rate of growth and
development of national development as a
whole. We have experienced the rapid
growth and development of information
media in an up-to-date manner both from
within the country and abroad (Nafiah,
2021).
As in the research (Jusrianto et al.,
2019). it is explained that with newspapers,
sometimes chaos appears, but without
newspapers there will always be
oppression, various information around us
cannot be separated from publications
such as the press, the word press is already
familiar. again in social life to this day,
almost all circles in the components of
society, talking about the press means that
we enter the scope of information. On the
one hand, the press is one of the media that
supports the success of development, on
the other hand, the press has benefited a
lot from the success of development
(Jusrianto et al., 2019).
The term Press comes from the Dutch
language which in English means Press.
Literally press means print and literally
means printed publication or printed
publication (Sousa et al., 2016). The press is
a necessity of life, and the press must be
guided by the guidelines of the Press Law
itself. Humans and law are 2 (two) things
that cannot be separated in life in this
world. This is because without laws that
regulate human behavior there will be
chaos in human life (society) (Manan,
2014).The innate nature of humans who
want to always win alone and be selfish
must be regulated and regulated in such a
way by law without exception, so as not to
violate the rights of others (Syaifullah,
2021).
The role of law is so important that the
Indonesian people are further elaborated in
Article paragraph (3) of the 1945
Constitution which states that the
Indonesian state is a state of law. This
means that all Indonesian citizens and
government officials must act according to
applicable law. Article 27 paragraph (1) of
the 1945 Constitution also states that all
citizens have the same position in law and
government and are obliged to uphold the
law and government without exception.
Then Article 27 paragraph (1) of the 1945
Constitution states that the Indonesian
state guarantees equality before the law
(equality before the law without exception)
in the life of the nation and state
(Sujamawardi, 2018).
The press is a social institution and a
vehicle for mass communication that
carries out journalistic activities which
include seeking, obtaining, possessing,
storing, processing, and conveying
information in the form of writing, sound,
images, sounds, and images, as well as data
and graphics as well as in other forms using
media. print, electronic media, and all kinds
of available channels (Akil, 2014).
According to the statement (Khusna &
Susilowati, 2015) in the Big Indonesian
Dictionary, the press is defined as:
1. Printing and Publishing Business.
2. Efforts to collect data and broadcast
news.
3. News broadcasting through
newspapers, magazines and radio.
4. People involved in news broadcasting.
257 | Freedom and the Role of the Press on Law Enforcement Reviewed in the Perspective of
Law Number: 40 of 1999, Concerning the Press
5. News broadcast media such as
newspapers, magazines, and radio,
television, and films.
Meanwhile, in the legal dictionary the
press is defined as a business related to
printing, publishing, journalism, news
broadcasting in newspapers, radio
magazines, films and television
(Oktalavendri, 2016). As in the research
(Iramdhan, 2019) provides an
understanding of the press that can be
viewed from a narrow sense and a broad
sense, namely:
a. The press in a narrow sense contains in
it the broadcasting of thoughts, ideas, or
news through written words
b. -. In a broad sense, it includes all mass
communication media that channel
one's thoughts and feelings, both in
written and spoken words.
As for the research (Berbahaya &
Simaputang, 2016), argues that the
communication lexicon provides a similar
definition of the press with the two
definitions above as follows:
1. Printing business or publishing business
2. news gathering and broadcasting
3. News broadcasting through
newspapers, magazines, and television
The
press has another aspect, not just
reflecting what happened reactively, post-
incident, post-fact, but seeing things first,
planning and scheduling. The press doesn't
just ride the news, but, say, just
differentiates, makes news, plans news.
From this point of view, it is argued that the
press is not only carried away by events and
problems, but rather creates, determines or
more proportionally influences the agenda.
The press is also defined as a collection of
publications issued from the press, or
publications that provide a person's
sentiments and opinions through the print
media. While Article 1 paragraph (1) of Law
no. 40 of 1999 concerning the Press defines
the "press" as a social institution and
vehicle for mass communication that
carries out journalistic activities, including
seeking, obtaining, possessing, storing,
processing, and conveying information in
the form of writing, sound, images, sounds.
and images, and data. and graphic and
electronic media, and all available channels
(Wardaya & Komari, 2011).
Press Principles
1. Law no. 40 of 1999 concerning the Press
Based on Law no. 40 of 1999
concerning the Press, Article 2 (T. H.
Lubis & Koto, 2020), states that press
freedom is a form of popular
sovereignty based on the principles of
democracy, justice and the rule of law.
a. The principle of democracy. The
purpose of the principle of
democracy is that the press must
uphold democratic values by
respecting and guaranteeing human
rights and upholding the freedom to
express thoughts/opinions, both
orally and in writing.
b. The principle of justice, in the delivery
of information to the public (the
public) must uphold the value of
justice. Where in the reporting does
not take sides or submit to one party
but must be balanced and not
detrimental to either party (one-
sided).
c. The principle of the rule of law, the
press in carrying out its activities
Satino, Yuliana Yuli W, Iswahyuni Adil | 258
must be based on law. Where to
place the Law as the basis for action
which is positioned at the highest
level. So the press is not necessarily
so free to act even though there is a
guarantee of press freedom provided
by law.
Article 2 of Law Number 40 of 1999
concerning the Press states that press
freedom is a form of popular sovereignty
based on the principles of democracy,
justice and the rule of law. Democracy is a
form or system of government in which
everyone participates and governs through
their representatives (government and
people), ideas or views of life that prioritize
equal rights and obligations and equal
treatment for all citizens (Warren, 2018).
Justice comes from the word fair, which
means impartial, impartial. Justice is an
attribute (action, treatment, etc.)
Supremacy is defined as the highest power
(over). So the rule of law, where the law is
the highest power or the highest power,
which is the legal umbrella, guidelines, and
guidelines in compiling a news. Functions
of the Press Article 3 of Law Number 40 of
1999 stipulates that the functions of the
press are as follows:
a. The national press has a function as a
medium of information, education,
entertainment, and social control.
B. In addition to the functions as referred to
in paragraph (1), the press functions as
an economic institution.
Meanwhile, Kusumaningrat stated that
the functions of the press are as follows:
1) Function
InformativeInformative function is
the function of providing information
through periodic news to the public. The
press collects news that is considered
useful and important for many people
and then writes it down.
2) The Control function
responsible Presswill definitely step
back, investigating government or
corporate work. The press must report
what is going well and what is not.
Restrictions on press freedom
Before going into substance, it is
necessary to clarify several things:
1. The term freedom of the press, not
freedom of the press, in writing or
speech, the two terms are used
interchangeably, freedom is nothing but
freedom, and vice versa, the term
freedom of the press which is side by
side with the term press freedom is
more widely known to the public than
the term press freedom. The term
"freedom of the press" is more widely
known to the public than the term
"freedom of the press", especially when
juxtaposed with freedom of the press or
liberty of the press, besides that,
normatively UU/040/99 uses the term
freedom of the press.
2. The term "press" comes from the Dutch
"press" and in English it is called "press"
(freedom of the press). It literally means
a printing press or a printing press
because it is a print medium. We are
familiar with the term press delict.
Currently the term press is no longer
limited to print media, but all public
information media that meet journalistic
requirements, journalistic codes as
journalistic standards regulated by law
or manual practice. press” now the term
259 | Freedom and the Role of the Press on Law Enforcement Reviewed in the Perspective of
Law Number: 40 of 1999, Concerning the Press
media is getting more and more
prominent. New books in the field of the
press use the term “media” more (media
law, ethics and privacy of media and
media, etc.). There are also books that
still use the term press or the press
(when the press fails, attacks on the
press) today, in Indonesia it is more
common to use the term "social media"
rather than "social press". Apart from
normative reasons (UU/040 (1999) the
use of the term "press" has become a
language that is very well known to the
public, while the term "media" can still
cause confusion such as "planting
media". ly to obtain information but
more than that because the press can
shape public opinion, which causes the
press to play an important role in
people's lives, the function of
influencing newspapers is implied in
editorials and articles
As an institution under the State in
carrying out its functions as educators,
information media, control social media
and entertainment media. The press has
provisions that regulate all actions and
performance in the reporting process,
including in carrying out its obligations and
roles for the community (Wajong, 2018). All
of its roles are contained in Law Number 40
of 1999 concerning the Press, Chapter II
Article 6 with 5 paragraphs, namely: (1)
Fulfilling the public's right to know; (2)
Enforcing the basic values of democracy,
encouraging the realization of the rule of
law and human rights, and respecting
diversity; (3) Develop public opinion based
on precise, accurate and true information;
(4) Supervising, criticizing, correcting, and
suggesting matters relating to the public
interest; (5) Fight for justice and truth.
Based on the results of the description
above, that the author wishes to conduct a
research with the title "Freedom and the
Role of the Press in Law Enforcement
Judging from the Perspective of Law
Number: 40 of 1999, Concerning the Press".
METHODS
The method used is sociological
juridical, this is the result of research
conducted on real facts in society with the
intent and purpose of finding facts, then
proceeding with finding problems,
ultimately leading to problem identification
and ultimately leading to problem solving.
RESULTS AND DISCUSSION
Legal Basis
1. Press Law
There are five basic considerations
for reforming the press law, which can
be seen in the section on considerations
of the law.
a. Freedom of the press is a form of
people's sovereignty and is a very
important element for realizing a
democratic society, nation and state,
so that the freedom to express
thoughts and opinions as stated in
Article 28 of the 1945 Constitution
must be guaranteed. Press freedom is
a means of fulfilling human rights to
communicate and obtain
information. In realizing press
freedom, Indonesian journalists are
aware of social responsibility and
community diversity.
b. In the life of society, nation and
Satino, Yuliana Yuli W, Iswahyuni Adil | 260
democracy, freedom to express
thoughts and opinions according to
one's conscience and the right to
obtain information are very essential
human rights, which are needed to
uphold justice and truth, promote
public welfare, and educate the
nation's life.
c. The national press as a vehicle for
mass communication, information
dissemination, and opinion
formation must be able to carry out
its principles, functions, rights,
obligations and roles as well as
possible based on professional press
freedom, so that it must receive legal
guarantees and protection, and be
free from interference. and coercion
from anywhere.
d. Because the national press plays a
role in maintaining world order based
on freedom, eternal peace and social
justice.
e. Because the Old Press Law is no
longer in accordance with the
demands of the times.
In addition to the five basic
considerations above, the General
Elucidation of the Press Law mentions six
main ideas formulated in the formation of
the Press Law.
1) In order for the press to function
optimally as mandated by Article 28 of
the 1945 Constitution, it is necessary to
enact a Press Law.
2) It is believed that in a democratic life
accountability to the people is
guaranteed, a transparent state
administration system functions, and the
realization of justice and truth.
3) It is understood that the press which has
the freedom to seek and convey
information is also very important to
realize the Human Rights (HAM)
guaranteed by the Decree (Tap) of the
People's Consultative Assembly (MPR)
No. XVII/MPR/1998 on Human Rights.
4) The press, which also exercises social
control, is believed to be very important
to prevent abuse of power, including
corruption, collusion, nepotism (KKN), as
well as other abuses and irregularities.
5) In carrying out its functions, rights,
obligations and roles, the press respects
the human rights of everyone, therefore
a professional and open press is
required to be controlled by the
community.
6) To avoid overlapping arrangements, this
Press Law does not regulate the
provisions that have been regulated
with the provisions of other laws and
regulations.
In line with the five basic
considerations and six main ideas for the
formation of the Press Law above, at the
end of April 2004 the Constitutional
Commission (KK) agreed to include the
protection of press freedom in the 1945
Constitution, and it will be regulated in
Article 28 letter G (Japri & Munawarah,
2019). It was agreed that it would be
included in Article 28 letter G of the 1945
Constitution, which states that the state
protects press freedom and freedom of
expression. Freedom of the press is part of
human rights that must be recognized and
protected in the constitution. This explicit
mention is very important, and is intended
so that the government or parliament that
implements the constitution does not
carelessly describe the protection of press
261 | Freedom and the Role of the Press on Law Enforcement Reviewed in the Perspective of
Law Number: 40 of 1999, Concerning the Press
freedom in accordance with the legal
politics of the ruler at that time. Press) while
the Constitutional Commission only
approved at the end of April 2004 the
inclusion of state protection for press
freedom in the 1945 Constitution. The Press
Law uses the term press freedom, and the
Constitutional Commission uses the term
press freedom. It can be concluded that
there is actually no difference in principle
between the terms press freedom and the
terms press freedom. The term used
normatively is press freedom, but in spoken
language the term press freedom is
preferred. Freedom of the Press is freedom
of the press, and vice versa, freedom of the
press is freedom of the press. Freedom of
the press is guaranteed as a human right of
citizens, is not subject to censorship,
prohibition or prohibition of broadcasting,
and as a guarantee of press freedom, the
national press has the right to seek, obtain,
and disseminate ideas and information.
Freedom of the press will thus be expressly
stated in Article 28 letter G of the 1945
Constitution, and in the Press Law.
Journalistic Code of Ethics
Freedom of opinion, expression and
press are human rights protected by
Pancasila, the 1945 Constitution, and the
United Nations Universal Declaration of
Human Rights. Freedom of the press is a
means for the public to obtain information
and communicate, in order to fulfill
essential needs and improve the quality of
human life. In realizing press freedom,
Indonesian journalists are also aware of the
interests of the nation, social responsibility,
community pluralism, and religious norms.
In carrying out its functions, rights,
obligations, and roles, the press respects
the human rights of everyone, therefore the
press is required to be professional and
open to be controlled by the public
(Tumengkol, 2021).
In Article 7 number (2) of Law Number
40 of 1999 concerning the Press, it is
explained that journalists have and obey
the Journalistic Code of Ethics. Following
up on this Journalistic Code of Ethics, the
Press Council has issued Press Council
Regulation Number 6/Peraturan-
DP/V/2008 concerning Ratification of Press
Council Decree Number 03/SK-DP/III/2006
concerning Journalistic Code of Ethics.
Ethics as a Press Council Regulation. In the
attachment to the Press Council regulation
it is stated:
Freedom of opinion, expression and
press are human rights protected by
Pancasila, the 1945 Constitution, and the
United Nations Universal Declaration of
Human Rights. Press freedom is a means
for the public to obtain information and
communicate, in order to fulfill essential
needs and improve the quality of human
life (Metalianda, 2017). Efforts to realize
independence per situ, Indonesian
journalists are also aware of the interests of
the nation, social responsibility, community
diversity and religious norms. In carrying
out its functions, rights, obligations, and
roles, the press respects the human rights
of everyone, therefore the press is required
to be professional and open to be
controlled by the public. To guarantee
press freedom and fulfill the public's right
to obtain correct information, Indonesian
journalists need a moral and professional
ethical foundation as operational
guidelines in maintaining public trust and
Satino, Yuliana Yuli W, Iswahyuni Adil | 262
upholding integrity and professionalism.
On that basis, Indonesian journalists
establish and comply with the Journalistic
Code of Ethics (Eskens et al., 2017).
Furthermore, Article 1 of the Journalistic
Code of Ethics states that Indonesian
journalists are independent, produce news
that are accurate, balanced, and do not
have bad intentions. The interpretation of
this article explains:
a. Independent, means reporting events or
facts in accordance with the voice of
conscience without interference,
coercion, and intervention from other
parties, including the owner of the press
company.
b. Accurate, meaning that the truth can be
trusted, in accordance with the objective
circumstances when the event occurred.
c. Balanced means that all parties have the
same opportunity.
d. Has no bad intentions, meaning that
there is no intentional intention to harm
other parties.
The Role of the Press in Law
Enforcement
To know the role of the press in law
enforcement, several things must first be
clarified, including:
a. Is there any interaction between the
press and law enforcement?
B. If there is an interaction, what is the form
of the interaction?
C. Are there any limitations in the
interaction?
The answer to the question above is
determined by two things:
a. The function of the press itself
b. Prerequisites for law enforcement to
realize good, true, sure and fair
implementation of the law.
Regarding the function of the press
according to Law Number: UU/040/99
concerning the Press, it is distinguished
between the function of the press, the
function of information, the function of
education, the function of entertainment,
the function of supervision, and the
function of supervision. Economic function
(article 3). More generally, these functions
can be classified into:
a. Information function, this function
includes the function of conveying
(spreading) information, and the
function of receiving information
b. Political function, this function includes
the function of control, both over power
and in social relations (society) and the
function of channeling, shaping and
directing public opinion.
c. Economic function, this function places
the press as a form of economic
business, both for the economic
interests of business actors (seeking
profit), as well as for the economic
interests of the community in general
(providing employment or participating
in corporate social responsibility).
d. Entertainment Function
To carry out this function, there are
several characteristics inherent in the
press.
1) ress is a public institution or social
institution (social/public institution).
This trait implies that although it is
referred to as the fourth estate or
fourth power, it is not a substructure
of the state power organization
(staatsorganisatie), and the press
only works for and in favor of the
public interest. Of course the
263 | Freedom and the Role of the Press on Law Enforcement Reviewed in the Perspective of
Law Number: 40 of 1999, Concerning the Press
organizers (organizations) of state
power are also expected to work for
the public interest.
2) The press must be free (independent)
both in the sense of freedom and
freedom of expression in general,
freedom of opinion or expression. It
should be noted that the most
essential thing in freedom of opinion
is freedom of opinion.
Law enforcement
Law arises because every society or
group requires a certain way to resolve
disputes between them. In addition, to
enforce very basic norms in their lives.
Friedman views, it is possible that every
society needs certain mechanisms to
change norms and apply them to new
situations. In this sense it can be said that
every group or society has a law. (Teubner,
2020).
Law enforcement is only one of the
meanings of law, it can also be added, law
enforcement will always be related to the
process of formation and interpretation.
Thus, every time an official enforces the law,
he not only pays attention to the sound of
the law but also relates to the process of
forming the law to be applied, which will
also include things such as reasons,
background, formulation, objectives. and
goals and so on. -Others that will lead to
good and correct law enforcement.
Press Relations and Law Enforcement
Three Aspects of Press Relations and
Law Enforcement
1. The press as an object of law
enforcement or influenced by law
enforcement. Law cannot be separated
from society, and vice versa. So law and
society are said to have a reciprocal
relationship. Therefore, there is no
aspect of human life in society that
escapes the touch of the law. The press
becomes the object of law enforcement
because the press is a legal subject, the
press as a legal subject can influence
press actors (journalists, editors, press
owners) or the press as an institution.
including offenses of a criminal,
administrative or administrative nature.
Criminal offenses may include acts such
as defamation, or defamation or
invasion of privacy, trespassing,
spreading state secrets. During the
colonial period, we were known as
"violations of the law" such as "acts of
spreading (feeling) hostility towards
authority (haatzai articlesen). Actually
the above provisions apply to every
legal subject, not only limited to the
press.
2. The press as a facilitator of law
enforcement, one of the One of the
functions of the press as the oldest
function is to provide or convey
information to the public (news about
murder, violence or abuse, traffic
accidents, corruption, theft, fraud,
building without permission, rights
disputes, etc.), which is no less important
is the function of the press. the press
conveys information to the public about
ongoing legal processes inside or
outside the judicial process (such as
arbitration) and (currently cases that are
still hot, such as the Jesica case, and the
drug case of Gatot/chairman Farfi).
3. The press as an obstacle law
enforcement, we acknowledge the trial
Satino, Yuliana Yuli W, Iswahyuni Adil | 264
of expression by the press. This
expression describes, through the press
or In the rubric of public opinion, or
press opinion itself, the press already
has a legitimate public opinion or at
least encourages the public to think
about a case that has not been decided
by the authorities (court or out of court).
Reporting or conveying opinions of this
kind not only violates the principle of
presumption of innocence (harming the
"losing" party and the alleged
perpetrator of a crime, violating the
principle of presumption of innocence),
but is also a form of inhibiting justice,
trial and impartiality, and even an insult
to judicial order. Furthermore, it can be
noted that all forms that can be
classified as trial by the press,
obstruction of justice, or contempt of
court, with the intention of influencing
the judge, constitute a violation of the
principle of guaranteeing the
independence of judges, fair trial,
impartiality to decide a case correctly
and appropriately and fair.
4. Freedom of the press and an
independent judiciary (freedom of
judges) Freedom (freedom) of the press
in a society that longs for democracy,
upholds human rights, and a society that
longs for progress, is seen as a necessity.
According to the American Press
Commission, press freedom is essential
to political freedom. When one cannot
freely convey his thoughts to others,
there is no guarantee of freedom. If
there is freedom of expression, it means
the beginning of a free society and it
means there are all rights to freedom.
Functions, obligations of the press and
objectives of the press
According to Law no. 40 of 1999
concerning the Press in (Z. I. Lubis, 2020), it
is stated that the press is a social institution
and a vehicle for mass communication that
carries out journalistic activities. Including
seeking, obtaining, possessing, storing,
processing, and conveying information in
the form of oral, written, sound, image or
electronic media, and all available
commercial channels. The National Press
has a function as a medium of information,
education, entertainment and social
control. In addition to the functions as
referred to in paragraph (1), the national
press can function as an economic
institution.
The dimension of idealism relates to
the thoughts, ideas, and public or
individual opinions that are owned or
managed by the press. In this function
there are three main levers of the press,
namely: providing information, educating
the public and entertaining or providing
entertainment for its readers, these three
tasks must be contained in the press, if only
providing information the press will look
dry, like vegetables without salt, even
though it is nutritious (Hutomo, 2020). not
good. Likewise, if the press only supports
entertainment, it does not provide anything
meaningful for the development of the
reader's reasoning power. Normatively, the
idealism function of the press is explained
in press laws and regulations, as in
UU/11/1966 and UU/21/1982 in article 2
paragraph (1) UU/11/1966 it is stated that
the function of the press is as a
revolutionary tool and is a media. mass that
is active, dynamic, creative, informative,
265 | Freedom and the Role of the Press on Law Enforcement Reviewed in the Perspective of
Law Number: 40 of 1999, Concerning the Press
and has a social function, encouraging and
fostering progressive thinking and
thinking, which includes all manifestations
of the life of the Indonesian nation.
Law/21/1982 article 2 paragraph (6) states
that in order to increase its role in
development, the press functions as an
objective disseminator of information, a
distributor of public aspirations, an
expansion of objective information, a
distributor of public aspirations, expansion
of communication and public participation,
and social control constructive. In this case,
a positive interaction is needed between
the government, the press and the
community (Arswendi, 2017). The function
of the press according to Law/40/1999 as
referred to in Article 3 paragraphs (1) and
(2) is that the national press functions as a
medium of information, education,
entertainment, social control, and as an
economic medium. Institution As in
Law/40/1999 it is expressly stated that the
idealism and commercial function of the
press is different from Law/11/1966 and
Law/21/1982 which emphasizes the
function of the press more than its idealistic
content. The purpose of the press is to
continue to be in the public eye for every
consideration and decision taken by the
government, because everything the
government does must be done on behalf
of the people (Bilardo, 2019). This constant
scrutiny will no doubt put constant
pressure on members of public office, but
it is this pressure that makes their role as
public representatives, fulfilling the public
interest above their role as citizens and
fulfilling private interests. Any action or
change proposed by the government
should be scrutinized and examined in
detail.
Responsibilities of the Press
The function of Press Freedom in
Indonesia is to provide space for the press
community to express and express
opinions. After the 1988 political reform,
freedom of the press was opened as wide
as possible in contrast to the New Order
era, when press freedom was still pseudo,
the press became one of the most
influential forces in society, which was
supported by a massive revolution in
technology, the press was very easy and
extraordinary. . spread the news quickly to
all elements of society. The dream of
practitioners or the world of the press to
grasp and rule the world, can now become
a reality. The press is very quick to calculate
power, they are able to anticipate how the
formation of opinion through reporting is
carried out by the target community
(Musman & Mulyadi, 2017), then calculate
the political and financial impact they will
receive. The press and media practitioners
cleverly read the opportunity to convince
all elements that it was now the turn of the
press and other mass media to take the
throne. The power and power of mass
media in society makes it something that
everyone should be reckoned with. Unlike
the previous times (colonial era, guided
democracy (old order), and the new order),
the press and other mass media have
experienced independence and freedom in
the true sense, no longer artificial.
Responsibilities of the Press According
to Legislations and Journalistic Codes of
Ethics
The balance of press freedom is the
Satino, Yuliana Yuli W, Iswahyuni Adil | 266
responsibility in carrying out its functions
(Saputra, 2018), obligations, rights and
roles of the press, as stated in Article 5
UU/11/1966 which was amended and
refined by Law /04/1967 and UU/21/1992
articles 2, 3, 4 and 5. The function of the
obligations and rights of the press, in
UU/11/1966 article 2 (1) it is stated that the
national press is a revolutionary tool and is
a mass media, relatively active , dynamic,
creative, informative, and social. movers
and cultivators of critical and progressive
thinking cover all manifestations of the life
of the Indonesian nation. The obligations of
the national press article 2 (2) of Law
Number 11 of 1966 are as follows:
1. Defend, defend, support and implement
Pancasila and the 1945 Constitution in a
pure and consistent manner.
2. Fight for the implementation of the
mandate of the suffering of the people
based on Pancasila democracy.
3. Struggle for truth and justice on the
basis of press freedom.
4. Fostering unity and revolutionary
progressive forces and struggles against
imperialism, colonialism,
neocolonialism, feudalism, liberalism,
communism and fascism/dictatorship.
5. to be a conduit of constructive and
progressive revolutionary public
opinion.
Article 3 of Law/11/1966 explains that
the press has the right to corrective and
constructive control, criticism and
correction. Since the enactment of
Law/11/1966 above, the press is required to
be a motivator in the intellectual life of the
nation. The press in this case has an
educative function, although in the past it
was a point of pressure, the press is still
allowed to always use its rights, namely the
right to control, criticize, and correct. In this
case, the press can become the power of
balance in the midst of a passionate
struggle against imperialism, colonialism,
neocolonialism, feudalism, liberalism,
communism and fascism/dictatorship.
The Legal Basis Of The Indonesian Press
The reform era became the era of press
freedom. Compared to the New Order era
under the shackled leadership of President
Suharto, press freedom is now often
considered too much. But unfortunately,
the freedom of the press has not been
accompanied by guarantees of safety and
protection for the journalistic profession
(Teguh, 2021). Every citizen basically has the
right to get legal protection. One of the
most basic rights possessed by humans is
regulated in the 1945 Constitution of the
Republic of Indonesia as the highest legal
basis in Indonesia.
Article 28 of the 1945 Constitution
Freedom of association and assembly,
expressing thoughts and oral and written,
and so on is stipulated by law.
Article 28 F of the 1945 Constitution
Everyone has the right to communicate
and obtain information to develop their
personal and social environment, as well as
the right to seek, obtain, possess, store,
process, and convey information using all
available channels.
MPR Decree Number: XII/MPR/1998
concerning Human Rights
More details are found in the Human
Rights Charter, Chapter VI, Articles 20 and
21 which reads as follows:
1. (20) Twenty, everyone has the right to
267 | Freedom and the Role of the Press on Law Enforcement Reviewed in the Perspective of
Law Number: 40 of 1999, Concerning the Press
communicate and obtain information to
develop his personal and social
environment.
2. (21) Twenty each person has the right to
seek, obtain, possess, store, process and
convey information by using all types of
available means.
Law Number: 39 of 2000 article 14
paragraphs 1 and 2 concerning Human
Rights:
1. Everyone has the right to communicate
and obtain information needed to
develop their personal and social
environment.
2. Everyone has the right to seek, obtain,
possess, store, process and convey
information by using all types of
available means.
Law Number: 40 of 1999 in article 2 and
article 4 paragraph 1 concerning the Press:
1. Article 2 reads, Freedom of the press is a
form of people's sovereignty based on
the principles of democracy, justice, and
the rule of law.
2. Article 4 paragraph 1 reads, Freedom of
the press is guaranteed as a human right
of citizens.
The current regulation on the press
(Law Number 40 of 1999 was promulgated
on 23 September 1999 was contained in
the State Lebaran of the Republic of
Indonesia of 1999 No. 166) contains various
fundamental changes to the previous press
law. This is intended so that the press can
function optimally as mandated by Article
28 of the 1945 Constitution. This maximum
function is needed because press freedom
is an embodiment of people's sovereignty
and is an important element in the life of a
democratic society, nation and state. The
old law which was replaced by a new law
(UU/040/99), essentially reflected the
differences in the basic political ideological
values between the New Order and the
Reformation Order. This is clearly seen in
the preamble to the new press law, which
includes, among other things, that the old
law on the provisions of the press center is
deemed no longer in line with the demands
of the times. In addition, regarding the
functions, obligations, and rights of the
press in the new law (UU/040/1999) it is no
longer associated with the core
appreciation and experience of P4
(Guidelines for the Implementation and
Experience of Pancasila), the press must
respect the human rights of every person.
Therefore, the press is demanded by the
community, among others, that everyone is
guaranteed the right to answer and the
right to correction. The press has an
important role in realizing Human Rights
(HAM) (Japri & Munawarah, 2019), as
guaranteed in the Decree of the People's
Consultative Assembly of the Republic of
Indonesia Number: XVII/MPR/1998 which
among others, which states that everyone
has the right to communicate and obtain
information in line with the United Nations
Charter on human rights. Furthermore,
Article 19 reads, everyone has the right to
freedom of opinion and expression, this
includes freedom to hold opinions without
interference, and to seek, receive, convey
information and ideas through any media
regardless of territorial boundaries. social
control (social control) to prevent the abuse
of power either corruption, collusion,
nepotism, as well as fraud, irregularities and
others.
Satino, Yuliana Yuli W, Iswahyuni Adil | 268
CONCLUSIONS
The press is the fourth pillar of
democracy after the executive, legislature
and judiciary, the press is the control over
the three pillars and underlies its
performance with checks and balances. To
be able to perform its role, it is necessary to
uphold the freedom of the press in
conveying public information in an honest
and balanced manner. Besides that, to
uphold this fourth pillar, the press must
also be free from capitalism and politics.
press which does not only support the
interests of capital owners and perpetuate
political power without considering the
interests of the larger community, and has
been contained in the attachment to the
Press Council Regulation Number:
5/Peraturan-DP/IV/2008 concerning the
Protection of the Journalist Profession.
Because freedom of the press is not
absolute for the press alone, but to
guarantee the rights of the public to obtain
information, in practice there are still
obstacles that occur in the context of
realizing press freedom as contained in
Law/040/1999 concerning the Press.
Freedom of expression based on article 28
of the 1945 Constitution, freedom of the
press in Indonesia is currently regulated in
Law/040/1999 which in the contents of the
article is guided by article 28 of the 1945
Constitution, but in practice there are still
many obstacles to achieving appropriate
press freedom. with UU/040/99, these
obstacles can come from the community,
the government and even from the
elements of the press itself. After the
enactment of Law/040/1999 concerning
the Press, it did not only have a positive
influence on the national press, and it
turned out that this Law also had a negative
influence on the basis of uncontrolled
freedom and tended to be excessive.
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