Expert: KUHP Can't Set Press Independence

A wave of rejection of problematic articles in the Draft Law (RUU) of the Criminal Code (KUHP) continues to flow. (Twitter/@YLBHI)

JAKARTA - A press law expert and Journalistic Code of Ethics, Wina Armada stated, the Criminal Code (KUHP) which was just passed by the DPR does not apply within the scope of the mechanism and implementation of press freedom. The reason is, specifically for the implementation of press independence, it will only follow and comply with the Press Law No. 40 of 1999. He said this was in response to the controversy over articles related to criticism of the government. One of them is the article on insults to the president, vice president, and government institutions. Wina emphasized that the Press Law is a priority law, so that all press issues are regulated and resolved by the Press Law itself. " “ Not other laws and regulations, including in this regard, is also regulated by the newly passed Criminal Code," said Wina, Friday, December 9. The former Secretary General of the Central PWI management reminded that in the Press Law it was clearly stated that no party could interfere in the affairs of press independence. Including according to him, the Criminal Code Law. "Of course, in this case, including the newly passed Criminal Code cannot regulate press independence," he explained. The alumni of the UI Faculty of Law said that the Press Law is also swaregulasi or provides flexibility for the press community to regulate themselves. This means, said Wina, that according to the Press Law, all matters related to the press have been and will be regulated independently based on the provisions agreed by the press community. "This provision has been strengthened in the decision of the Constitutional Court (MK) some time ago," he said. It is known that the rules regarding insulting the government and state institutions have various criminal consequences. In Article 240 Paragraph (1) of the Criminal Code, if the insult is carried out verbally and in public, it is punishable by a maximum sentence of 1.5 years or a category II fine. Then if the insult causes riots in the community, the penalty will be 3 years or a category IV fine (maximum Rp 200,000,000). The threat of punishment is heavier if done through information technology. Article 241 Paragraph (1) expressing insults to the government and state institutions through information technology can be sentenced to a maximum of 3 years in prison or a category IV fine. However, if the insult causes riots, the perpetrator can be subject to a maximum sentence of 4 years, or a category IV fine. All criminal acts of humiliation are complaint offenses. Complaints can be submitted through the leadership of the government or state institutions.