Denying Article 8 Of The Multi-interpretation Press Law, Government: Legal Protection For Journalists Is Guaranteed

Screenshot - Director General of Public Communication and Media of the Ministry of Komdigi Fifi Aleyda Yahya conveyed the government's statement in a follow-up hearing on the judicial review of the Press Law submitted by the Legal Journalists Association in the Plenary Court Session Room, Jakarta, Monday (6/10/2025). (ANTARA/Fath Putra Mulya)

JAKARTA - The Ministry of Communication and Digital Affairs (Kemkomdigi) stated that Article 8 of Law Number 40 of 1999 concerning the Press governing the protection of journalists is not multiple interpretations as argued by the applicant for judicial review at the Constitutional Court (MK).

This was conveyed by the Director General of Public Communication and Media of the Ministry of Communication and Digo, Fifi Aleyda Yahya, in a follow-up hearing on the judicial review of the Press Law submitted by the Legal Journalists Association (Iwakum) in the Plenary Court Session Room, Jakarta, Monday, October 6.

"The petitioners' argument that states Article 8 of multiple interpretations [is] baseless because the explanation of Article 8 firmly states that legal protection is a guarantee of the government and/or the public to journalists in accordance with statutory regulations," said Fifi, confiscated by Antara.

Instead of being unclear, Fifi, who is also a former journalist, said that Article 8 of the Press Law is an open norm that provides flexibility in its implementation.

The article in question reads in carrying out its profession journalists receive legal protection.

Fifi said the minutes of discussing the Press Law also showed that the purpose of legal protection against journalists was not absolute, but conditional protection based on the legal framework.

"Legal protection for journalists is also guaranteed in other articles of the Press Law which regulates the principles and functions of the press, the rights of the press, the obligation of the press, the role of the press company, the function of the Press Council, and the criminal provisions contained in Article 2 to Article 7, and Article 10, Article 15, and Article 18," he added.

In addition, he highlighted the steps taken by the state to protect journalists, such as various regulations and guidelines issued by the Press Council; Supreme Court Circular Number 13 of 2008; Joint Decree of the Press Council, LPSK, Komnas Perempuan Year 2025 concerning the Press Safety Mechanism; as well as cooperation agreements between the Press Council and the National Police in 2022 regarding the protection of press independence which is still valid until 2027.

"It can be concluded that the provisions of Article 8 of the Press Law are not multi-interpretative, as stated by the petitioners, because they are associated with other laws and regulations, there has been a legal system that guarantees the right to guarantee legal certainty and the right to personal, honor and dignity protection rights for journalists who carry out their professional duties," said Fifi.

Therefore, the government asked the Court to reject all applications of Iwakum in a case registered with number 145/PUU-XXIII/2025.

This case was filed by Iwakum, represented by General Chair Irfan Kamil and Secretary General Ponco Sulaksono, as well as a national media journalist named Rizky Suryarandika.

The petitioners questioned the constitutionality of the norms of Article 8 of the Press Law because it was considered contrary to Article 1 paragraph (3), Article 28D paragraph (1), and Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

They argued that Article 8 of the Press Law did not provide clear legal certainty for journalists to get legal protection in carrying out their professional duties. This is because the phrase 'law protection' in the article is tested multiple interpretations.

The petitioners assessed that the article did not explain in detail the specific legal protection mechanism or procedure if press personnel who were carrying out their profession were dealing with law enforcement officials or receiving lawsuits due to published news.

In his petition, Iwakum asked Article 8 of the Press Law to be interpreted as "including police actions and civil lawsuits cannot be carried out on journalists in carrying out their professions based on the press code of ethics" or including the act of summoning, examining, searching, arresting, and detaining journalists can only be done after obtaining permission from the Press Council. "