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1,2,3
Abstract
As the network becoming more dense due to the increase of accessors has resulted the average speed of the internet in
Indonesia slowing down. This problem can of course be solved by technical solutions through a government policy to provide
additional pathways. On the other hands, the commitments of private parties are also required, particularly the
telemmunication providers in order to make technical and commercial adjustments which involve huge investments. The
purpose of this research is to figure out the conflict conditions, to know dilemmas that appeared and disappeared in the stage
of Indosats frequency misapplication or abuse conducted by IM2, and to be accomplished using drama theory approach. This
research utilizes secondary data that had been collected from online news on October 2011 July 2013 period. The conflict is
separated into 3 (three) frames, first frame is when LSM Konsumen Telekomunikasi Indonesia (LKTI) undertook an extortion to
Indosat and IM2. Beforehand, LKTI had denounced the contract agreement involving Indosat and IM2 to the Indonesian
Attorney due to an indication of corruption matter. Second frame is when IM2 as a corporation was punished as the suspect by
the Indonesian general attorney. And the last frame, in the stage is when the Supreme Court involved as a new player and
reduced the conflict. All the related data to this conflict mapped into common reference frame and analysed using confrontation
manager software. As the results, this conflict indicates that from the first frame until the last, there were 7 (seven) dilemmas
faced by all related parties beyond the conflict. In the first and second frames consist of rejection, threat and persuasion
dilemmas whereas third frame contains rejection dilemma faced by the Indonesian Attorney and the Supreme Court. The
implication of this research indicates that the contract agreement between these two parties (Indosat & IM2) was considered as
violation against rules and figures out the missing dilemmas that examined in this paper.
Keywords: Drama Theory; Game Theory; Dilemma; Agreement; Telecommunication.
1.
Introduction
The conflict of Indosat and IM2 cooperative agreement started to raise when the NGO of Indonesian Telecommunication
Consumers (LKTI) reported the abuse of frequency band 2,1 Ghz/3G by Indosat and IM2. This corruption is predicted to cause
state loss of about Rp. 3,8 trillion. To follow up, the General Attorney of the republic of Indonesia ordered an investigation for
this radio frequency band 2,1 GHz misuse by IM2 and the former director of IM2 was found as the suspect of the corruption
[1].
The cause of the complexity of this case was the difference in perceptions between the Internet industries and law
enforcement agencies in perspective of the frequency and the network. In the process of the settlement of this case, the General
Attorney had determined the former Director of IM2 Indar Atmanto, former Directors of Indosat Johnny Swandi Sjam and
Harry Sasongko Tirtotjondro and the two related companies, namely PT Indosat Tbk and PT Indosat Mega Media (IM2) as the
suspects [2].
However, a different attitude shown by the Minister of Communication and Information stating that IM2 did not violate
Law No. 36 Year 1999 on Telecommunication. In organizing the Internet access services, IM2 is in collaboration with Indosat
to utilize Indosats Telecommunication Network. The cooperation was not in the utilization of the frequency spectrum together
as referred to Articles 14 and 15 PP53 / 2000. Indosat and IM2 Cooperation was lawful as explained by the Minister of
Communication and Information in Letter No. 65 / M.Kominfo / 02/2012 dated February 24, 2012 [3].
This study is conducted aiming at 1) Describing the conditions of conflict involving Indosat and IM2 2) Knowing the
dilemmas that arose in the conflict of Indosat and IM2 3) Knowing the missing dilemmas when the conflict was over.
2.
2.1
Literature Review
National Telecommunication Regulations
The Indonesian Government has issued several implementing regulations of the Telecommunications Act of 1999 in the
form of two government regulations [4], ie Government Regulation No. 52 of 2000 on Telecommunications (PP
Telecommunications 2000) and Government Regulation No. 53 of 2000 on Radio Frequency Spectrum and Satellite Orbit [4].
2.2 Game Theory
According to [5] game theory is the science that studies the mathematical models of conflict and the cooperation among
decision makers acting rationally.
One of the conflict theories that can be used to understand the conflict process is game theory. This theory is categorized
in two groups: 1) 2 and n players game; 2) zerosum and non-zero sum game, zero-sum game is a game where the first party will
win and another party will lose, whereas it is possible for both parties to win together or lose together on non-zero sum game
(von Newman in [6]).
Only a few studies have investigated conflict for emotional responses that can provoke irrational reactions and lead the
players to redefine the game and drama theory is one of them [7,8]. Drama theory used to analyze how the framework could be
changed to another framework [9], in which the game changes under internal pressure and show, how, through these changes,
the frame and the characters stances may be transformed until they arrive at a totally satisfactory solution [10].
2.3
Drama Theory
According to [11] drama theory deals with emotional aspects of a person in decision making process. Emotions make a
person act irrationally. Players begin by defining what is desirable and what can be done. Theory of drama shows how players
result in irrational act and change the frame, thus creating the possibility of rational action at a higher level. Drama theory tries
to capture changes structurally (sudden emotional changes caused by temporary change of frame) from the conflict in a
dynamic process.
Bryant [12] classifies dilema into two in a process of conflict, namely:
1) Dilemmas of confrontation
a. Threat Dilemma, ThD
Party 1 faces the dilemma of threats against party 2 when the threat of side 1 is not considered serious (untrustworthy)
by the second, because party 2 knows that there is future (other future scenarios) in addition to the position of party 2
which is preferred by the first party to the position of threat.
b. Rejection Dilemma, RD
Party 1 will face the dilemma of the rejection toward party two if the first has obstacle to convince others that they are
serious with their rejection for the position of party 2 because party 1 is doubted to prefer the position of threat
compared to the position of party 2.
c. Positioning dilemma, PoD
Party 1 faces a position dilemma against the second party, if party 1 prefers the position of party 2 compared to its own
position. But party 1 can refuse party 2 position in the hope of getting a better offer, or because the position of party 2 is
considered unrealistic, or even party 1 prefers the threat position compared to the position of party 2; or party 1 does not
believe in party 2's position.
d. Persuasion Dilemma, PD
Party 1 will face a persuasive dilemma on the second party when the first party prefers the position of party 2 compared
to the threat position, so that the first party threat faces constraints to convince party 2 to accept their position.
2) Collaboration Dilemmas
a. Trust dilemma, TD
Party 1 faces a dilemma of trust against party 2 if the first party is not sure that the second will commit to a shared
position that, in this case party 1 can also move to another position, or looking for ways to make them sure with the
commitment of party 2.
b. Cooperation diemma, CD
Party 1 has the dilemma of cooperation with party 2 when party 1 is also tempted not to commit to the shared position,
there may be other position that is more attractive compared with the shared position. And if party 1 wants to eliminate
this dilemma, then the party 1 could move to another position, or party 1 can convince party 2 that they remained
committed to the common / shared position.
In Indonesia, drama theory has been used in a variety of case study example case of collaboration Coca-Cola and
Carrefour by [19], [20] examined conflict within Citarum River Basins Stakeholders. [21] studied about the role of emotion in
elimination contribution and collaboration dilemma. In 2011, [22] explained How Does Emotion Influence Collaboration?-An
Agent Based Simulation of the Dynamic of Confrontation. [23] then analyzed the conflict dilemma using the drama theory on
the case of supply chain collaboration
3.
3.1
Research Methodology
Players and Option
This conflict involves several parties described in Table 1. Parties involved in frame I: LKTI, IM2, the parties involved in
frame II: A, IM2, and parties involved in frame III: GA,SC.
IM2
Indonesian
Telecommunication
Consumer NGO
LKTI
The Discussion
Frame I
Three frames have been analyzed in the conflict. Frame I: the period when LKTI blackmailed IM2 in which LKTI had
previously reported on the cooperation agreement of Indosat and IM2 over the alleged abuse of frequency 2.1 GHz / 3G by IM2
which is in fact owned by Indosat to the prosecutor until finally IM2 reported this criminal offense of extortion to the
authorities. The common Reference Frame of the first frame shown in Figure 1.
Frame II
The period when LKTI was specified guilty of the criminal case of extortion by the Central Jakarta District Court and IM2
was ditermined as the suspect by the General Attorney. Common Reference Frame in this period is shown in Figure 2.
Frame III
This period took place when a new player showed up, namely the Supreme Court (MA) that issued two decisions of
cassation, namely they freed IM2 from the fine or the pay penalty and sentenced the former director of IM2 eight years in
prison. Common Reference Frame this period shown in Figure 3
General Attorney experienced Rejection Dilemma for the Supreme Court. This was because of the rejection of the General
Attorney against the position of the Supreme Court deemed not to be credible since the Supreme Court believed that the
General Attorney Office favored their position more than the threat (t).
MA faced Rejection Dilemma of the General Attorney for the Supreme Court rejection of the position of the General
Attorney was not considered credible. It was none other than as a result of the General Attorney was confident that the
Supreme Court preferred General Attorney Offices position compared to the position of threat (t). Besides the proposal for
reconsideration (PK) by the accused former director of IM2 still doubted by the General Attorney Office.
Based on the processing of common reference frame there were seven dilemmas faced by all parties involved from the first
frame to frame III. In the first frame there were two (2) dilemmas, in the second frame increased to three (3) dilemmas and in
the third frame a reduction of dilemmas took place into two (2). Next is Table 2 contains a summary of the dilemma faced by
all players in the case of frequency of 2.1 GHz / 3G abuse conducted by IM2 owned by Indosat starting from the first frame to
the third frame.
Table 2 Summary of the Dilemmas from the First Frame to the Second Frame
LKTI
I
LKTI
IM2
A
SC
GA
II
IM2
III
I
PD,
RD
II
III
A
Frame
II
SC
III
II
GA
III
II
III
ThD,
RD,
PD
RD
RD
Description: PD = Dilemma of Persuasion; RD = Dilemma of Rejection; ThD = Dilemma of Threat.
From the first frame to the second frame, The Persuasion Dilemma of LKTI against the IM2 disappeared after LKTI
pressured Indosat and IM2 by giving them a subpoena which was intended to request a sum of money from them if they wanted
the report on the case revoked. Meanwhile the LKTI's Rejection Dilemma against IM2 faded away because LKTI decided to
take rejection action namely to blackmail Indosat and IM2, although ultimately LKTI was found guilty by the Central Jakarta
District Court on criminal case of extortion against the telecommunications company PT Indosat.
The missing dilemmas from the second frame to frame III were Threat and Persuasion Dilemmas owned by the General
Attorney for IM2. The Threat Dilemma disappeared after the General Attorney Office finally made their threat to become more
serious and credible by seizing IM2 assets if they were still not willing to pay compensation amounting to Rp1.3 trillion. In the
meantime the Persuasion Dilemma of the Attorney for IM2 could be lost because the Attorney took action of pressure by
declaring IM2 was guilty and becoming one of the suspects in this case with the compensation penalty of Rp1.3 trillion. This
amount was based on BPKP audit report and the decision on the Corruption Court in Jakarta that IM2 as a corporation took a
part in enjoying the corruption fund. And the dilemma that was still emerging from the second frame to frame III is Rejection
Dilemma of the Attorney to the Supreme Court. The efforts made by the General Attorney Office to eliminate this dilemma was
to show that they were serious with their threat position that was trying to appeal to the Supreme Court against the decision of
IM2 appeal in the Jakarta High Court that had freed IM2 from the punishment of compensation for Rp1,3 trilion.
In the third frame a new player appeared, namely the Supreme Court. In responding to the dilemma that still appeared in
the second frame, The Dilemma Rejection of General Attorney Office could have gone away in the third frame as a result of
rejection chosen by the Supreme Court in facing Rejection Dilemma to the General Attorney Office. The Supreme Court
rejected the demands of the public prosecutors from the General Attorney Office and stated that IM2 was freed from the
punishment to pay Rp1.3 trillion evidenced by the issuance of the appeal decision No. 263 K / TUN / 2014 which had rejected
the appeal of BPKP on the Administrative Court (PTUN) decision over the case of IM2 stating that BPKP's report may no
longer be used.
5.
5.1
In accordance with the objectives of this research, there were dilemmas that appeared and disappeared as the results of the
actions taken by one party against the other parties so that in the end they were able to create situations and positions that are
compatible and mutually acceptable. Based on the common reference frame that consists of three frames, the actions that had
been carried out by each party in general were negative actions such as threatening and forcing. But these conflicts could have
been avoided if all players were able to take positive actions such as discussions, mutual understandings, having strong
evidences, and good coordinations.
5.2
Study Limitation
This study has several limitations. Firstly, only secondary data used is obtainable from the internet news, so the strength
of the data is determined by the validity of the sources used. Thus, the data can be enriched by doing triangulation to the parties
involved. Secondly, there is also a need to improve measures of the study elements such as description of the bargaining zone
and emotions that are not available in the secondary data taken. More elaborated measures of various aspects of game may also
warrant future study.
5.3
Research Recommendation
For further research, we expect to validate the data using FGD with all stakeholder involved in this conflict using SMART
(Simple Multiple Attributed Rating Technique) to make better consideration of players preferences.
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