If Forced, Analog Switch Off Is Assessed To Be A Switch Off TV

Illustration. (Photo: Doc. Antara)

JAKARTA - In connection with the Jabodetabek Analog Switch Off (ASO) Countdown event organized by the Ministry of Communication and Information on November 2, 2022, Gede Aditya Pratama as the attorney for the applicant for the judicial review of PP No. 46 of 2021 again reminded the Ministry of Communication and Information not to disobedience to the Supreme Court's Decision (MA) No. 40 P/HUM/2022 which cancels the rules for renting multiplexing slots. Article 81 paragraph (1) PP No. 46 of 2021 concerning Posts, Telecommunications and Broadcasting canceled by the Supreme Court reads "LPP, LPS, and/or LPK provides broadcast program services by renting multiplexing slots to multiplexing organizers". "That means broadcasting by renting a multiplexing slot cannot be done and if it is done it is an act against the law. Only Multiplexing Organizing broadcasting institutions can broadcast, while broadcasting institutions that are not Multiplexing Organizers can no longer broadcast because it is no longer possible to broadcast by renting a multiplexing slot,” said Gede Aditya when met in Jakarta, November 2. Gede explained that after the Supreme Court Decision, the multiplexing business model could not be implemented because TV-TV, which is not a Multiplexing Organizer, could not rent a multiplexing slot because of the norm governing the multiplexing slot rental to provide broadcast program services as regulated in Article 81 paragraph (1) PP No. 46/2021 has been canceled and declared not to have binding legal force by the Supreme Court. On the other hand, TV-TV Multiplexing Organizers can no longer lease multiplexing slots. "Don't let Analog Switch Off be implemented, instead it becomes a TV Switch Off because many TVs can't broadcast," said Gede Aditya. However, the Government through a press conference submitted by the Coordinating Minister for Political, Legal and Security Affairs and the Minister of Communication and Information on October 24, 2022, said that ASO will still be held on November 2, 2022, in 222 regencies/cities, including the Jabodetabek area consisting of 9 regencies/cities. Even the Ministry of Communication and Information held the ASO Countdown on Wednesday (2/11) tonight. Responding to the forced implementation of ASO, Gede Aditya reminded the Ministry of Communication and Information to pay attention to and comply with the Supreme Court's Decision, not to force migration to digital TV broadcasts even though the multiplexing slot lease could no longer be carried out because the legal basis had been canceled by the Supreme Court. "In fact, if the Ministry of Communication and Information orders TV-TV to broadcast by renting a multiplexing slot, it means that the Ministry of Communication and Information orders to broadcast by law because the Supreme Court has clearly canceled the rules regarding broadcasting by renting a multiplexing slot," concluded Gede Aditya. In addition to the issue of the multiplexing rental model business which is declared to have no legal basis, Lombok TV Director Yogi Hadi Ismanto also highlighted the existence of TV organizing broadcast programs whose licensing needs to be questioned. "In fact, as far as I know, there is a Circular Letter of the Minister of Communication and Information Number 4 of 2015 concerning the Suspension of Licensing Processes for Permit holders of Broadcasting Principles for Private Broadcasting of Television Services Digitally Through the Terrestrial System. In fact, ironically, some of the TVs have been designated by the Ministry of Communication and Information as the Multiplexing Organizer. The Circular Letter of the Minister of Communication and Information is still valid, it has not been revoked. So all IPP owners of the Digital Broadcast Organizing Principle should not be broadcasted," said Yogi. Contacted separately, Secretary General of the Indonesian Private Television Association (ATVSI) Gilang Iskandar emphasized that ASO's readiness should pay attention to public readiness. Quoting Nielsen's survey in 11 cities as of 27 September 2022, Gilang said that only 39 percent of residents are ready for ASO, so many residents will lose their constitutional right to get information. Even in Jakarta, only 22 percent of residents have television planes that can capture digital broadcasts. "So ASO's readiness must be seen from the ownership of TV aircraft that can receive digital broadcasts. Not on a ready attitude or statement that is still 'will'," said Gilang Iskandar. Previously, ATVSI had asked the Government to postpone the implementation of ASO which was strategic and had a broad impact until the community was completely ready. Moreover, in the 7th decision of the Constitutional Court Decision No. 91/PUU-XVIII/2020 in the Formal Testing case of Law Number 11 of 2020 concerning Job Creation against the 1945 Constitution of the Republic of Indonesia ordered state officials to suspend all strategic actions/policies that were strategic and had a broad impact, and it was not justified to issue new implementers related to the Job Creation Law.