Supreme Court Cancels Multiplexing Slot Rental Rules In Analog TV Migration To Digital TV

JAKARTA - The Supreme Court has stated that Article 81 paragraph 1 of Government Regulation (PP) Number 46 of 2021, is contrary to the law.

This case was requested by the Private Broadcasting Institution (LPS), PT Lombok Nuansa Televisi. The contents of Article 81 paragraph 1 of PP Number 46/2021 are: LPP, LPS, and/or LPK provide broadcast program services by renting multiplexing slots to multiplexing providers.

"The request of HU, PT Lombok Nuansa Televisi has been granted as long as the provisions of Article 81 paragraph (1) number 46/2021 concerning Post, Telecommunications and broadcasting," said MA spokesman Andi Samsan Nganro, Tuesday, August 2.

The decision was echoed by the chairman of the assembly, Supandi with its members Is Sudaryono and Yodi Martono Wahyunadi. The judge judged that what was requested by the applicant was reasonable.

In his application, the applicant considers that Article 81 paragraph 1 of PP Number 46/2021 contradicts Article 33 paragraph 1 of the Broadcasting Law as amended by Article 72 number 3 of the Job Creation Law.

Because, according to the Petitioners, the enactment of PP No. 46/2021 actually resulted in the ISR and IPP previously owned by the Petitioners becoming useless, because in the end the Petitioners had to rent Multiplexing Slots to the Multiplexing LPS to provide broadcast program services.

In fact, referring to the Broadcasting Law in conjunction with the Job Creation Act, it does not at all require LPS to rent Multiplexing Slots to Multiplexing LPS to be able to organize or provide broadcast program services.

"PP No. 46 of 2021 as the implementing regulation of the Broadcasting Law in conjunction with the Job Creation Law has even created uncertainty, chaos, and discrimination for television broadcasting business actors because PP No. 46 of 2021 has regulated things that are contrary to the Broadcasting Law in conjunction with the Job Creation Law. namely the matter of renting multiplexing slots," he explained.

The assembly said that the Job Creation Law only regulates the issue of broadcasting migration from analog technology to digital technology and the impact of stopping analog broadcasts (analog switch off) in accordance with Article 60A of the Broadcasting Law as inserted by Article 72 point 8 of the Job Creation Law which applies to all actors in the television broadcasting industry. .

"However, in fact PP No.46/2021 creates discrimination for small-scale television broadcasting business actors through Article 81 paragraph (1) of PP No.46/2022," said Andi.

Thus, PP No. 46/2021 does not provide legal certainty for television broadcasting industry players. PP No.46/2021 also does not provide a solution to the multiplexing slot renting IDIC if the multiplexing IDIC is dismissed at any time as the multiplexing provider.