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CLARIFICATION OF
NATIONAL ACT OF THE REPUBLIC OF INDONESIA
NO. … YEAR OF …
ON
PRESS
I.
GENERAL
Article 28 of Indonesian Constitution of 1945 guarantees the freedom to form a
union and congregate, expressing ideas in written or oral form. Press that comprises
printing medium, electronic medium and any other medium is but one of the many
methods to express ideas in written or oral form stated above. To make sure press
functions optimally, as stated in the Article 28 of Indonesian Constitution of 1945, it is
considered that Press Act is necessary. The optimal function is required as the freedom
of the press embodies the sovereignty of the people and an important element in the
democratic lives of society, nation and state.
In such democratic existence, the accountability towards the people is
guaranteed, as well as the transparent system of administering the state, and that
justice and truth are manifested.
Press has the freedom to seek and convey information, which is an important element in
manifesting the Human Rights Principles as stated in the Republic of Indonesia National
Assembly’s Stipulation No. XVII/MPR/1998 on Human Rights, that, among others
declare, every individual has the right to communicate and acquire information as
defined in the Article 19, Charter of United Nations: “Every individual has the right over
the freedom in possessing and expressing opinions; on this right it is included the
freedom to posses opinion without intervention, and to seek, receive, and convey
information and idea through any media, regardless of the borders.”
Press also can play its social control role to anticipate any attempt of de
tournement du pouvoir through corruption, collusion, nepotism, or any other such abuse
of power.
In conducting its functions, rights, obligations and roles, the press must respect
every individual’s human rights, thus made it imperative to have a professional and
transparent press – controlled by the people.
Control by the people may be conducted, among others: by every individual with
his Right to Response and the Right to Correct, by non governmental organizations
such as media watch, and by the Board of the Press in every form and method.
To avoid overlapping any regulation, this Act does not provide any provisions
already provided by other regulations.
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