By: Astrid Widia )*
The RKUHP will not threaten press freedom at all because of its generalist nature, in fact its degree is under the Basic Press Law with a specialist nature.
As a country that adheres to the principle of democracy, freedom of the press is very important to continue to be supported, even if it is not restricted by anyone, including certain regulations. It is even said that the press institution itself is one of the pillars of democracy in Indonesia.
Therefore, it is clear that all regulations or designs that the Government wants to ratify must have undergone an in-depth study process involving many experts in their fields. Therefore, this policy will certainly not conflict with democracy in Indonesia.
Regarding this, the Spokesperson for the Socialization Team of the Draft Criminal Code (RKUHP) of the Ministry of Law and Human Rights (Kemenkumham), Alberts Aries stated that the RKUHP itself does not threaten press freedom at all. Not only that, even the drafting parties are ready if invited to have a dialogue and dissect deeper on everything regarding the RKUHP as a whole.
Furthermore, the spokesman also emphasized that it turns out that the entire RKUHP Socialization Team itself actually gives great appreciation to the parties who have been very concerned and continue to provide their views or opinions as input so that the enforcement of this law can later be more perfect.
For this reason, Albert Aries admits that in fact the press does not need to worry at all about the existence of several articles in the RKUHP which have been accused of limiting the freedom of the press or the wider community in criticizing the Government. In fact, the articles that are accused of being problematic have existed in previous regulations and have been in effect for a long time.
The spokesman for the RKUHP Socialization Team also added that the first book of the RKUHP actually contained an offer to make revolutionary changes in criminal law reform and national punishment, which in nature did not tend to punish (punitive), but instead would always be an alternative to the existence of fines. In addition, it will always contain goals and guidelines for sentencing as a manifestation of the ultimum remedium principle.
Albert Aries also said that all press colleagues are given very wide freedom to be able to report on all events or even give their opinions but still respecting the norms and sense of public decency and also continuing to use the presumption of innocence.
Meanwhile, Member of Commission III of the DPR RI, Benny K. Harman also has the same opinion, that the articles contained in the RKUHP will not at all threaten press freedom. In fact, he himself is able to ensure that all media personnel will continue to adhere to the principle of guaranteeing and also guarding the freedom of the right to express opinions as a right to press freedom.
Benny also added that this RKUHP would later be enforced as a general rule of law (UU), while the Press Law itself actually already exists and is specific. Therefore, the Basic Press Law is the main reference when it comes to the media world. Several provisions regarding journalistic duties in the RKUHP are actually in the context of an affirmation of the Basic Press Law. So it can be concluded that indeed the provisions in the Basic Press Law are very good in being able to protect and also guard the rights of press freedom which are also regulated in the RKUHP as guaranteed in the constitution.
It should be noted that the Press Law is lex specialis, so it is a rule that will apply higher than the RKUHP, which is lex generalis in nature. Therefore, the member of Commission III of the DPR RI admitted that at all the RKUHP would not be able to annul the existing rules in the Press Law. Precisely to be able to realize the harmonization process, the existing rules in the Press Law can be included in the RKUHP.
Even the Democrat Party politician also appealed to the entire community to fully support the discussion and also the settlement until the ratification of the RKUHP because so far, Indonesia has continued to use legal products inherited from the Dutch colonial era, so that many factors must be immediately contextualized into current developments.
It is not a threat to the freedom of the press, but the Head of the Commission for Data Collection, Review and Ratification of the Press, Dr. Ninik Rahayu stated that in fact they will continue to open up all opportunities for the Press Council to oversee the discussion of the RKUHP, besides that the process is also very transparent and the accountability and participatory principles are very high.
With the RKUHP
