Don't Silence The Critical Voice Of The Indonesian Press!

JAKARTA Bad luck day is definitely not in the calendar, that's the term that Marcella Santoso (MS) as the advocate, Junaedi Saabih (JS) is a lecturer, and Tian Bahtiar (TB) works as a journalist with the position of Director of the JAKTV News. The three were named suspects by the Attorney General's Office (AGO) in the case of obstruction of investigation and prosecution (obstruction of justice).

The arrests of the three, such as a luxurious stage for the prosecutor's office! The stage that makes the prosecutor's name seem to soar into the sky like a rocket and leaves its competitors KPK and Polri. However, capturing press personnel without coordination with the press council is tantamount to breaking the rules drafted by law. The AGO seems aware that it is in the spotlight of all press personnel and is in a hurry to remove further wrong steps that will reap scathing criticism by visiting the press council.

The AGO submitted a number of documents related to the alleged obstruction of the investigation through a negative narrative conducted by TB, to the Press Council. The handover was carried out directly by the AGO's Legal Information Center (Puspenkum) at the Press Council Building, Jakarta, Thursday, April 24. Harli said, as many as 10 bundles of documents were submitted. However, he was reluctant to reveal the contents of the documents. "Let the Press Council work first. Later they will assess and deliver the results," he said.

The chairman of the Press Council, Ninik Rahayu, directly welcomed the submission of the document. He and his team will immediately explore the contents of the documents to investigate the possibility of a journalistic ethical violation allegedly committed by Tian Bahtiar. Ninik emphasized that the results of this investigation will later be coordinated with the AGO. "As soon as we receive the documents, we immediately work today," said Ninik.

After being named a suspect, Tian Bahtiar (TB) had to accept the harsh reality of deactivating or dismissal from the JAKTV media. The decision was made by the agreement of all JAKTV management.

JAKTV Operations Director, Sony Soemarsono, said that this decision was made so that TB could focus on undergoing the legal process he was going through at the AGO.

"We hope that all parties, including Mr. Tian, in handling this case can be cooperative in undergoing the ongoing legal process. Of course we also wish the person concerned the best," said Sony, quoted from the official JAKTV website, Wednesday, April 23.

Support Corruption Eradication But Don't Just Arrest

The arrest and determination of the suspect Director of the JAKTV News, Tian Bahtiar, who is no longer in the spotlight of journalists who join the hybrid organization. Such as the Indonesian Television Journalists Association (IJTI) which questioned the basis for determining the suspect's status.

The General Chairperson of IJTI, Herik Kurniawan, questioned the steps to arrest the AGO against Tian Bahtiar without going through a procedure. According to Herik, critical information or reporting is part of the press work and social control function guaranteed by law. "If the basis for determining the suspect is a news product, then the Attorney General's Office should first coordinate with the Press Council," Herik said when contacted by VOI, Thursday, April 24.

Herik added that if the procedure is not used and is not upheld, IJTI is concerned that this step can be a dangerous precedent that can be misused by certain parties to ensnare journalists or media who are critical of power. "This will create a climate of fear and hinder press freedom," said Henrik.

General Chairperson of the Central PWI Hendry Ch Bangun (VOI)

"It's okay"

"It's okay"

"It's okay"

"It's okay"

The chairman of the Indonesian Journalists Association, Hendry Ch Bangun, emphasized that his organization fully supports the Attorney General's Office's steps in thoroughly investigating corruption cases in tin trading procedures and sugar trading procedures. PWI strongly supports the eradication of corruption. However, PWI rejects the determination of suspects against journalists just because journalistic or news content is considered "negative". "Pers has the right to convey criticism as part of the function of social control," Hendry CH Bangun told VOI in a written message.

Hendry also thinks the same if a news report is considered to be cornered or in bad faith, its resolution is through the right to answer or ethical assessment by the Press Council. Not through arrest. He explained the assessment of whether a news violates ethics can only be done by the Press Council, not other institutions. This is guaranteed by the Press Law no. 40 of 1999.

The Press Council, and the National Police have created an MoU and Cooperation Agreement (PKS). It reads: law enforcement must first ask the opinion of the Press Council before processing criminally by journalistic works. Conveying criticism or alternative narratives is not a legal challenge, but part of the press's right to control power.

Hendry emphasized that if there are funds that go into a personal account, they must be clarified to the media office concerned. "If there is evidence of bribery related to the news, the Press Council must decide on ethical violations and hand over sanctions to the perpetrators to the leadership of the media company. And, to journalists, sanctions can be imposed according to the rules that follow the way they work," said the man in tears.

PWI hopes that the Attorney General's Office will be wise and obedient to the Press Law. As President Prabowo Subianto said when he was present at the PWI Secretariat, the press was an important part of democracy.

The same statement was also conveyed by the Journalist Safety Committee (KKJ). KKJ Coordinator, Erick Tanjung, revealed that press personnel were worried about this case and the AGO's actions.

"The publication of media reports that are considered to be used by law enforcement officials as a tool to obstruct and obstruct the legal process raises concerns for journalists, media companies and other civil society groups. The barrier to legal proceedings must be an act directly/materially obstructing investigations, prosecutions and trials," he said.

According to him, the news, public opinion, that expressing opinions in public is clearly not an act of obstruction as referred to in Article 21 of the Corruption Crime Law. "The focus or absence of concentration of investigators due to reading media reports and public assessments in the performance of case handling is clearly not related to investigation and prosecution, nor does it hinder investigation and prosecution. We see that there is arbitrariness of power here," continued Erick.

Law Enforcement Is Not Allowed To Just Collision

The General Chairperson of the Peradi DPN, Luhut MP Pangaribuan explained, in carrying out his professional duties, advocates are protected by Articles 14, 15, and 16 of the Advocate Law and Constitutional Court Decision Number 26/PUU-XI/2013, which states that advocates cannot be prosecuted civilly or criminally if they act with good faith for the benefit of the client's defense, both inside and outside the court.

If there is an alleged violation of ethics or law by an advocate in carrying out his duties, then the institution authorized to assess and process the allegation is the Honorary Council of the Advocates Organization. In addition, the AGO has not coordinated with Peradi since making the detention and determination of the status of the suspect against his colleague.

"As fellow law enforcers, the Attorney General's Office should coordinate with the Peradi Honorary Council before taking legal steps against an advocate who is carrying out his profession. This mechanism not only upholds the rule of law, but also maintains the balance of relations between law enforcement institutions in accordance with the principles of a state of law," he said in a written statement.

Peradi also highlighted the importance of prudence in the application of Article 21 of the Corruption Act or corruption. The reason is, this provision has a conceptual difference with Article 25 of the United Nations Convention Against Corruption (UNCAC) which has been ratified by Indonesia through Law no. 7 of 2006.

"Peradi reminded that law enforcement efforts should not violate the basic principles of protection against the legal profession," said Luhut.

The Importance Of Azas Praduga Is Innocent

Eko Nugroho as a legal practitioner also responded to the detention of his colleagues. He said what JS and MS were doing was a defense against clients through media channels.

"If we invite journalists and then issue a press release about the defense of our client's case, we can be subject to the article on the obstruction of the investigation? Even though what we voiced was a real defense of the case experienced by our client and did not corner certain parties?" he asked.

"As long as there is no court decision that declares the client guilty, his status is still suspected or suspected, and has the right to defend himself. As long as the judge has not been sentenced, the person is attached to the principle of presumption of innocence or presumption of innocence. Where in the presumption of innocence is a legal principle that states that everyone is considered innocent until it is proven that their guilt is legally proven in a court trial and obtains permanent legal force, "explained Eko.

Eko said, this principle guarantees that every individual has the right to be treated innocent until there is strong evidence that shows the opposite. Because his position is still declared innocent, the advocate may voice his defense in the media.

"For the solution, it needs to be clearly regulated, in the article on the obstruction of the investigation, whether a legal practitioner conducts a press conference or makes a statement about his client's defense in the media, is it allowed or prohibited," he said.