Press Freedom in Indonesia:

Problems and Challenges in Post Soeharto’s New Order

Herdi Sahrasad1
Mursyidin Zakaria2
Al Chaidar 3
1Associate Director the Media Institute and Center for Islam and State Studies (CISS) Paramadina University,
Jakarta. He is one of Founding Fathers AJI and now a Faculty Member at Paramadina Graduate School.
2anthropologist, alumnae Universiti Kebangsaan Malaysia, Dean of the Faculty of Social and Political Sciences,

Teuku Umar University (UTU), Meulaboh, Aceh .

3Lecturer at Department of Anthropology, University of Malikussaleh, Lhokseumawe, Aceh.

Abstract
This article elaborates on the pain of the press people in Indonesia during the
post-Soeharto era. The Suharto period of power (1966 -1998) was a period of
authoritarian democracy in which Suharto's political power suppressed the
press in various media. Hoping things would get better, Soeharto was ousted
by student actors, press activists, labor activists, NGOs and so on, it turned
out that post-Soeharto press conditions were even worse. Journalists and
other press people were kidnapped, brutally murdered, lost their lives and
bodies and even their families were victims of totalitarian regime violence
after Soeharto's authoritarian New Order. The data for this article is collected
based on personal experience and contributions of some friends and news in
the mass media. Democracy is not an expectation for nations who cannot
appreciate the civilization of life as humans.

Keywords: press freedom, New Order Indonesia, Post-Soeharto, inhuman

democracy, criminalization, murder of newspeople.

Introduction
Indonesia's Independence on August 17, 1945 is the fruit of the struggle of the
Founding Fathers consisting of intellectual, youth activists, students, fighters, community
and religious leaders who are united with the people in the grass root. In its development
later, the army of people was born from the civil society including nationalist and Islamic
forces, which were together with all groups to fight for the independence, preserve and
develop independence. There are still many things that have yet to be reached by them.1

1Herdi Sahrasad, Rezim Orde Baru & Rezim Reformasi : Islam, Kebangsaan, Ketidakadilan
dan Kekerasan, (Jakarta: ISAC & University of Malikussaleh Press, 2005)
 Ideas and ideals of the Founding Fathers are to realize a fair, prosperous and
peaceful nation-state, free from oppression and colonization from the external and internal.
The independence is often articulated by Soekarno (Bung Karno) as a ''golden bridge'' 2 to
achieve the ideals of glory. But, in the era of Reform 1998 that overthrow President
Soeharto, it appears that the “golden bridge'' (jembatan emas) is broken or collaps in part,
because the behavior of the rulers (the political and economic elites) who conspire and
collude to dredge and control the wealth and power for their own interests.
The practice of democracy in Indonesia 1998-2018 is currently being taken hostage
by the economy and political elites for self and group interests. Consequently, the goal of
democracy for the welfare of the people, creating a security and intellectual life of the
nation has not been achieved. The political elites are now taking hostage democracy for
their group interests. One of the symptoms is seen from the rampant corruption in all
layers of bureaucracy, the weakness of law enforcement, and disruption. All of them tie up
democracy, which should aim to fight for the interests of society.
As a result of the democracy hostage, the people's basic rights are not met by the
government and the state, including religious freedom, security, or economic prosperity.
The practice of democracy is getting worse, as officials and politicians lose morality. The
performance of political elite no longer refers to sources of values, common sense and
humanity, but mastered by the lust to gain power and materials. Consequently, many
officials are involved in corruption cases because use the power for the sake of their
interests.3 In the opaque situation, the press activist for democracy and newsmen see
Indonesia today requires comprehensively social movements from the community level to
improve the situation, because the condition has been already tragic with cross-disorder
problems in many areas of life. Therefore, the press as one of the main pillars of
democracry and the agent of change are expected by the people to initiate the flow of
changes, while disseminating discourse of equality, social justice, and anti-corruption
ranging from college level to the grassroots level.
The press/media communities must be remembered that the condition of the state
increasingly deviates from the ideals of our founding fathers because of the political elites
who care only the interests of their own, law enforcement is weak/bad, and the political
system is controlled by political oligarchy. So that it is required the third volume of reforms
by the press and student movement as a social movement to improve the state institutions
and law enforcement, screen officers, and improve the political system.
With the increasingly widespread corruption, worsen poverty and unemployment,
the fragile security, as well as the nation's declining morality, if allowed to continue, that
condition will damage the building of this country, and even threatened with bankruptcy.
In our opinion, the threat must be anticipated by students and press activists, by
encouraging the third volume reform movement. The first Reform caused the first
President Suharto went down from power in 1998, while this gradual Reform by President
BJ Habibie, Abdurrahman Wahid, and Megawati Sukarnoputri is continued to change the
political system.

2 Soekarno, Mencapai Indonesia Merdeka, dalam Ir. Soekarno, Dibawah Bendera Revolusi

(Djakarta: Panitya Penerbit Dibawah Bendera Revolusi, 1964)

3 Herdi Sahrasad, Bonnie Triyana, M Fadjroel Rachman dan JJ Rizal’s view, ‘’ Demokrasi

Disandera Elite Jangan Terjebak dalam Pesimisme’’, koran Kompas, page 3 Saturday, April 16, 2011.
 The second Reform is aiming to fix things that are unfinished or deviate from the
early ideals, for example, in the future, the public officials and legislators in the DPR (House
of Representative) and DPRD (Local House of Representative) should be filtered by the
Independent Commission through the academic potential tests, psychological tests, and
commitment test to net leadership and staffs that have quality and integrity at both the
national and local levels.4 By the press and students who complete, cooperate, trust one
another, and by consistent and continued social movements to reform the state and nation,
Indonesia would be able to improve the legal system and clean up officials contaminated by
corruption and enhance the political recruitement by selecting candidates in legislative,
executive and judicial officials. In turn, in the writer's opinion, all this will be able to create
a government that serves the public welfare, enforces the law, nation, and defends national
sovereignty. Indeed, history is waiting for the initiative of the press, students and activists
for Indonesia's future reform. The question is: Is it true that the press of Indonesia in the
post-Suharto Reform era has been independent? Is it true that the press has been
struggling for a broader public interest? In the midst of mastering a number of media by
conglomerates and politicians, the presence of the press is one of the most important
institutions in building the nation's three pillars, namely prosperity, democracy, and
justice.
The press community and strategic actors of civil society have to involve to watch
the use of power and prestige they have in a proper manner and with full accountability on
a general awareness which declares that: only for the broader public interests that the
press have to struggle for, and not for the interests of capital owners or any political power!
It means that it must be maintained so that the press does not dissolve into a part of a
conglomerate or capital strength. This is why 'no money, no voice' phrases should be
prevented from becoming a common practice in the press and journalism in the country
that embraced democracy.
Above all, the mass media is to be very strategic in nature, because its presence can
prevent the domination and hegemony coming from one of the actors from the three
arenas: the executive, legislative and judicative. Presiden Yudhoyono and Coordinating
Minister for Political and Security Affairs Djoko Suyanto ask the press to not struggle for
the interests of capital owners and any political power. 5 However, what happened really
needed more insight and study.

20 Years of Reformation
The 1998 Reformation was expected to be the starting point for the country to
respect press freedom and human rights. In fact, after more than 20 years of reformation
1998 that overthrow Soeharto’s New Order, there is no fundamental change in press
freedom in Indonesia. The Alliance of Independent Journalists (AJI) assessed that there
were no significant changes to press freedom after the 20 years of the Reformation. AJI
noted that there are at least four (4) points concerning press freedom in Indonesia. AJI is

4Herdi Sahrasad’s political comment. ‘’ Indonesia Memerlukan Reformasi Jilid Dua’’,

Kompas daily, 16 Juli 2011.
5 Statement of Presiden SBY dan Menko Polhukam Djoko Sutanto in ‘’Bali Democracy

Forum 2010: Journalism Workshop: Media Accountablity in Crisis Situations’’ di Santika, Premiere,
Kuta, Bali, (12/8/2010).
progressive journalist organization besides PWI (Indonesian Journalists Association), an
old journalist organization that has no ability to carry out reforms in Indonesia. 6
The first point is violence against journalists. Based on data from LBH Pers (Press
Legal Aid Institute), during 2003 until the end of 2017 there were 732 cases of violence
against journalists whether physical or non-physical violence That means that there were 4
cases of violence against journalists per month. This means that in the 20 years of
reformation, the ignorance of the New Order still exists.In addition, during 2003 to May
2018 there were 282 cases that entered the work desk of LBH Press. Of these, 120 of them
were employment cases, 97 criminal cases, 53 civil cases, 9 state administrative cases and 3
cases of news disputes.
The second point highlighted by AJI Jakarta is about the welfare of journalists.
According to The Alliance of Independent Journalists (AJI), quoting from the AJI reports, a
decent wage for novice journalists is Rp.7.9 million (US$500). But in reality the average
salary of new journalists ranges from Rp. 4 million (US$250). In fact, along with the
development of the digital world, the work of a journalist in the field is constantly
increasing. It's not enough just to write news, journalists are also required to take photos,
videos, or even broadcast live on their cellphones. While the job is already triple, the salary
is short. 7
Third, the number of criminalization that befell sources interviewed by reporters.
Even the AJI journalist said that criminalization was a new style ban. Fourth points, AJI
Jakarta also highlights the affair between media owners and the political elite. According to
AJI, in addition to harming residents as media consumers, journalists became one of the
victims of this affair. So far journalists have tried to fulfill the code of ethics, fulfilling the
competency capacity required by the Press Council, but when the media owner asked for a
certain order issue, the reporters were forced to violate it. For this reason, the AJI has
demanded the Press Council to make a clear line separating media and political interests,
even though that didn't work and the demarcation line was almost gone.

Press and Complexity of Problem

Under Reform era, relationship between press and democracy in Indonesia post
Soeharto is laid in a complexity. Mass media which believed as the fourth pillar of
democracy is facing of political oligarchy of Indonesian elites that not only in command in
politics, but also ruled various strategic sectors, including national mass media industry. As
a result, function of mass media to control the elites become not working adequately. Of
course, the condition required new perpectives and ways to see the matters
comprehensively and need efforts to find its solution.
In the system of the Old Order era of Sukarno's Guided Democracy (1959-1965) and
Suharto's New Order (`1966-1998) the government was repressive, suppressing the press
and people. So not only the sovereignty and the principle of law that do not run, but also
the basics and important values such as human values and human rights (human rights)
are abandoned.

6 Conversation with Chairperson of AJI Jakarta Asnil Bambani in Jakarta on Tuesday

(5/22/2018).
7 ’'This is a fact, these are the issues that we concern," explained Chairperson of AJI Jakarta

Asnil Bambani, interview Tuesday (5/22/2018).

 Surely not just in the era of Old and New Order, the press is always suppressed, and
the research by Abdurrahman Surjomihardjo shows that since the colonial period up to the
New Order era, the hegemony on national press had been carried out by the state, and the
tragedy of press companies bans was common. Even, based on the data of the Press
Council, during the Old and New Order era dozens of journalists are jailed and 237
publishing licenses are revoked. 8 Tempo magazine, as one of the samples, experienced
twice banned, then reissued. The first ban on Tempo issued on March 13, 1982, for the
manufacture of articles that indicate election fraud in 1981. The second one was on June 11
edition, 1994, because of the articles about the purchase of German used warships by the
government. Unlike Tempo, the Indonesia Raya newspaper once was banned, and never
being republished, just like Bernas magazine journalist, Udin, once being killed and never
live again. These evidences indicate how the press and the history of power are so close,
inside and outside.9
Repressive situation on political power, in one side, and economic liberalization, in
the other side, becomes a contradictory, because the State must protect the accumulation of
capital and at the same time the State must also give hope for the development of
democracy, as a capitalist state guarantees both the right of ownership and political
rights.10
The stream of changes in 1998 through the student movement to reform democracy,
human rights, people’s dignity and welfare, appeared from the birth of the middle class and
educated community. There are still other factors, we cannot say that their role and
influence are least, those are the integration of the life of Indonesia with the world
community through economic network, information, sharing ideas and experiences. The
process was very intense and transparent so that the impact of the interactions in society
gets stronger. The success in economy, but blurred by social injustice through Suharto’s
and his cronies’ corruption, doubled the public indignation. The abusement of power and
social inequality has led to the existence of the reform movement to build a democratic
government to achieve social justice, freedom and people well-being.
Democracy has a basic principle that is human dignity and human rights that are
respected and protected without discrimination. Democracy also has a civil rights
guaranteed by the constitution, such as the right to liberty, property and equality before
the law.

Democracy and Press Freedom

Indonesia can not be called a democratic country if not accompanied by press
freedom, although theoretically it has been running the principles of democracy. The press
is the fourth pillars of democracy. The more a government guarantees the freedom of press,
the more democratic the government is. In the context of nation life, the press plays an

8Abdurrahman Surjomihardjo, (ed.), Beberapa Segi Perkembangan Sejarah Pers di

Indonesia, Jakarta: Penerbit Buku Kompas, 2002. See, Ignatius Haryanto, Indonesia Raya Dibredel,
Yogyakarta: LkiS, 2006. See, David T.Hill , Pers di Masa Orde Baru, Yayasan Obor Indonesia, 2011.
9 Leo Batubara, Masalah-masalah dalam Perusahaan Pers Jakarta. Dewan Pers, 2007.
10 Yoshihara Kunio, The Rise of Ersatz Capitalism in Southeast Asia. Singapure,

Oxford,University Press.1987., See, Robert, R Alford, and R. Friedland, Powers of Theory: Capitalism,
the State, and Democracy. Cambridge University Press, 1985.
important role. Implying freedom of the press is guaranteed in article 28 of the 1945
Constitution, which basically says that freedom of expression either individually or in
group is a fundamental right of citizens.
So, how about our press freedom index? Here we would like to show a report from
''Reporters Sun Frontieres”, an independent press agency based in Paris, France, in 2010
that issued a release of the World Press Freedom Index 2009. In the index, the press
freedom in Indonesia was on 101 of the 175 countries with a score of 28.5. The position of
Indonesia increased from the previous year that was ranked 111 scoring 27. Although
Indonesia is still considered the best in Southeast Asia, but rank 101 is still not satisfying. It
means that there are still other 100 countries at a higher level of press freedom comparing
with our country. Meanwhile, the top-rank was still occupied by developed countries that
already have an old democratic and press tradition, such as Denmark, Netherlands,
Australia, the United States or Japan.
On the other hand, countries that are in lower-ranks mostly tend to have political
authoritarian system, such as Iran, China or North Korea. When we look the trend,
according to the 2010 World Cup of South Africa, the freedom of the press index of
Indonesia from years to years does not go further to the level of big 100. In 2003, Indonesia
ranked 111 with a score of 34.25 (scale numbers 0 is the highest and 100 is the lowest).
In the later years, Indonesia ranked fluctuatively, 117 in 2004, then rose to 105
(2005), and then rose again to 103 (2006) and 100 (2007). In 2008, Indonesia's ranking
slipped back in 111, one of which it was influenced by the decision of the Supreme Court
(MA) won a lawsuit against TIME magazine by Suharto family.
In 2009, Indonesia returned to improve the position. The conclusion of the previous
data is the level of press freedom in Indonesia still is not as expected. Indonesia is the third
largest democracy in the world, but the press is still far below other democratic countries.
Why? The low ranking of freedom of the press insisted that Indonesian press at the time of
the Reform Era is still not completely free.
There are still many challenges to be faced to uphold the freedom of the press as the
fourth pillar of democracy. There are still classical problems in the press freedom in, such
as a lawsuit against the institution of the press, violence against journalists, and even
murders on journalists. If left untreated, the press freedom ranking of Indonesia will sag
again.
Almost the same with the New Order era, the space for the press in the era of reform
is still limited because there are many lawsuits against the institution of the press. Press
offenses arise largely because of dissatisfaction from some parties on news released by
mass media. In many cases, the media was sued based on the article 310 about Code of
Criminal Libel and Slander Article 311 of the Criminal Code of deployment.
Those Articles are a lariat for journalists or other press institutions, for example the
case of the Suharto family with TIME magazine, Reymond lawsuit against seven media
related to the news that seemingly accuse him as "illegal operator in gambling", and many
other cases. Most of them use the plaintiffs' criminal law against the press. But, fortunately,
many cases can be resolved through the mediation of the Press Council or through a
peaceful settlement.
So far, the press dispute is set to refer the the Press Law. Article 5 of the Press Law
states, all public complaints related to the institution of the press will be facilitated by the
Press Council. In the case when the press goes wrong, the party who objected has the right
of reply. However, this is often overlooked and cause frequent dealings of reporter brought
to the court.
According LBH reports, there are at least 108 lawsuits using the press and defamation
article in the period 2003-2007. The second issue that is why the index of press freedom in
Indonesia is still relatively low is the violence against journalists. The violence usually
occurs when a reporter does journalistic duties or when there are people who feel offended
by the content of news written by journalists. According to data from the Alliance of
Independent Journalists (AJI), the number of cases of violence against journalists in 2009 is
71 cases, an increase from the previous year as many as 54 cases. The forms of violence
include physical violence, such as beatings, torture, attacking and even murder. Meanwhile,
the non-physical violences which are often done to the journalists are the restrictions of
reportation, deprivation of news footage, threat or terror.
Meanwhile, there is tendency of regulation that increasingly that has no respect to
freedom of press made ranking of Indonesian press freedom was unsatisfying. In 20
October 2010, Reporters sans Frontieres (RSF), a non-profit institution from Paris, released
index of press freedom in 178 countries. Position of Indonesia was downwards from 101 in
2009, to 117 in 2010. In Asia, the position of Indonesia far under Hong Kong with index of
press freedom 34, South Korea (42), Taiwan (48), and even Timor Leste (94). Meanwhile,
Finland, Island, Netherland, Norway, and Sweden were in the upper position. In this regard,
activist Tifa Foundation R.Kristiawan noted that Freedom of press in Indonesia throughout
2010 was indeed fully with various cases of insult. Murder of journalist again and again
happened in that time, characteristically regular criminal such as in Palembang case, and
“containing” political such as in Merauke case or caused by riots in Ambon. Editor Head of
Playboy magazine served a sentence 2 years jailed without mechanism of press court as
mentioned in Circulated Letter of Appellate Court. In Depok, a journalist was beated by
officer of Local Election Commission. Head of SCTV confessed that he had be intervened by
Ministry of Law and Human Rights to not publish investigation reporting on sex business in
prison. There are still many examples proven that throughout 2010 violence to freedom of
press in Indonesia tend to increase.11
Besides technical matters, other thing need to be noted is legal regulation produced
defamation. Criminalization to every member of public actually rooted in politics of
colonialism. This paradigm had firstly gone into effect in Dutch-Hindia by government of
Dutch colonialism through Wetboek van straftrecht voor Nederlandsch-Indie in the early of
1918. The legal regulation used by the colonial government to control freedom of
expression’s people in colonial land. Then, Indonesian government adopted it to Book of
Penal Code (KUHP). In early times, there were 30 articles in KUHP could bring journalist
and people to prison. After Constitutional Court cancelled article of degradation to
president and vice-president in 2008, there were remained tens of articles potentially
could bring people and journalist to prison in the name of aspersion. Ironically, Netherland
itself has “pulled” articles of aspersion from its Book of Penal Code.

11R. Kristiawan, “Jerat Negara dan Pasar dalam Ruang Publik”, majalah Prisma, vol. 30, No.
1, 2011, pp. 45-58.
 Table 1
Position of Indonesia in Press freedom Index by Reporters sans Frontier
Year Position
2001 The most free in Asia
2002 57 out of 139 countries
2003 111 out of 166 countries
2004 117 out of 167 countries
2005 105 out of 167 countries
2006 103 out of 168 countries
2007 100 out of 169 countries
2008 111 out of 173 countries
2009 101 out of 178 countries
2010 117 out of 178 countries
2011 114 out of 179 countries
2012 114 out of 179 countries
2013 139 out of 179 countries
2013 138 out of 179 countries
2014 132 out of 179 countries
2015 138 out of 179 countries
2016 130 out of 179 countries
2017 124 out of 179 countries

Source: Data is treated from Reporters sans Frontier, http://en.rsf.org/

So far, Reporters without borders (RSF), an international organization that monitors

press freedom globally, has placed emphasis on President Joko Widodo's promise. During
Jokowi's administration, the RSF recorded many cases of serious violations of press
freedom. The institution which has a head office in Paris, France, cites examples of
restrictions on access to Papua and ongoing violence against journalists.12 The assessment
of the two indicators shows that the President has not kept his promise and his
administration was marked by many cases of violations of the implementation of the
principle of press freedom.
RSF considers that Indonesia's achievements in the matter of freedom of the press
are not encouraging. In 2017, Indonesia's index was ranked 124, up 6 points compared to
the previous year. However, despite improving in terms of rank, Indonesia's score actually
fell -1.79 compared to the previous year. Apart from the issue of Papua and the increasing
violence, the threat from radical groups is also one of the important factors that make the
value of the freedom of the Indonesian press cannot be said to be better than the previous
year.13
In other words, it shows setbacks.With the 2017 ranking, Indonesia's position lags
far behind a number of other Asian countries. Asian countries whose ranks are better than

12 See, Hantu Senjakala dan Intimidasi, Laporan Tahunan AJI 2017, Jakarta: AJI dan
Yayasan Tifa , 2017, pp. 48-56.
13 ibid
Indonesia are South Korea (ranked 63, score 27.61), Japan (72, score 29.01), Hong Kong
(73, score 29.46), even compared to East Timor. The 27th former province of the Republic
of Indonesia has a score of 32.82 and is ranked 98th, 26th adrift from the position of
Indonesia. The good news is that Indonesia's position is still better from other neighboring
countries. Asian countries that rank below Indonesia respectively: Philippines (ranked
127, score 41.08); Burma (131, score 41.82), Cambodia (132, score 42.07); India (136,
score 42.94); Srilanka (141, score 44.34), Thailand (142, score 44.69); Malaysia (144, score
46.89), Bangladesh (146, score 48.36); Singapore (151, score 51.00); Brunei Darussalam
(156, score 53.72); Laos (170, score 66.41); Vietnam (175, score 73.96); and China (176,
score 77.66).
In the 2017 World Press Freedom Index reported by Reporters Without Borders
(RSF), it appears that violations of freedom to deliver information are decreasing. After
being taken for granted, media freedom has proved increasingly fragile, including in
countries that adhere to a democratic system. Canada is now ranked \ 22 out of 180
countries, down four levels from before. 14 The United States is now ranked 43rd, down two
ranks from 2016. The phenomenon that can be said as an erosion of media freedom is also
seen in European countries.
Regarding Indonesia, many Reporters Without Borders (RSF) gave minor notes
regarding the access of foreign journalists to Papua. One of them is related to the
government's refusal to grant a visa to Papua for French journalist Cyril Payen. The RSF
condemned the Indonesian government's refusal to grant entry to Cyril Payen visiting
Indonesia after the documentary film he made about West Papua, entitled "Forgotten War
of Papuas", was broadcast in France on October 24, 2015. At that time the RSF criticized the
government's intimidation and violence. against Ardi Bayage, journalist Suarapapua.com
on May 2, 2016. At that time, Ardi covering the West Papua liberation group which was
demonstrating in front of the National Police Mobile Brigade headquarters. When there
was an arrest of the masses, the police also arrested Ardi. RSF asks Indonesian authorities
to stop violating the rights of journalists in West Papua.
Besides RSF, which is also active in monitoring the situation of Indonesian press
freedom, Freedom House. The organization headquartered in Washington noted that there
was no change in Indonesia's score on press freedom. In 2016 the score was 49.
The next year is the same. Indonesia's ranking at the Asian region also remains at 23. While
Indonesia's global ranking is deteriorating, from 65 in 2016 to 98 in 2017. The status issues
are still the same, namely in the "yellow category" or "partly free". In this regard, Freedom
House wrote about 2016 press freedom around the world deteriorating to its lowest point
in 13 years. The trigger is a threat that is unprecedented to journalists and the media, even
in countries that adhere to democracy. In addition, the changes were also due to the
intensified crackdown on independent media.
The year 2016 also marked the rise of attacks by political leaders and partisan
groups in many democratic countries - including the United States and the Philippines -
which attacked the credibility of independent and mainstream media through terrible
rhetoric and indirect pressure on editors. Donald Trump, during the election campaign
until then officially becoming president, labeled the media criticizing its performance as
"dishonest," "false news," and "enemy of the American people".

14 ibid
 With this kind of situation, writes Freedom House, then the world population that
enjoys press freedom is only 13 percent. This means that less than one in seven people in
the world live in countries where political news coverage is strong, the security of
journalists is guaranteed while carrying out their profession, minimal interference in the
affairs of the media, and the press is not subject to severe legal or economic pressure.

Violence and Criminalization

The other problem why the press freedom index in Indonesia is relatively low is that
there are still many acts of violence against journalists. Violence usually occurs when a
journalist is carrying out a journalistic assignment or when there are parties who feel
offended by the contents of the news written by the journalist. According to data from the
Alliance of Independent Journalists (AJI), cases of violence against journalists from year to
year always occur. Forms of violence include physical, such as beatings, persecution,
beatings and even murder. Meanwhile, non-physical violence, such as prohibition of
coverage, seizure of news recordings, to threats or terror, and murder.
For AJI, the performance of the police / government was highlighted because it did
not succeed in completing very many cases of violence and murder against journalists.
Eight journalists were killed because of the news, and the perpetrators were not properly
processed by law, respectively: Muhammad Fuad Syahfrudin alias Udin, journalist of the
Yogyakarta Bernas Daily; Naimullah, journalist for the daily Sinar Pagi, West Kalimantan;
Agus Mulyawan, Asia Press journalist; Muhammad Jamaludin, TVRI Aceh journalist; Ersa
Siregar, RCTI journalist; Herliyanto, journalist for the Delta Pos tabloid; Adriansyah Matra'is
Wibisono, Merauke local TV journalist; and Alfred Mirulewan, journalist for the Pelangi
tabloid, Maluku. And up to this day, many journalists facing pressure from various parties
in carrying out their duties.
 Table 2
VIOLENCES TOWARD JOURNALIST
Year Amount of Violences
2018 34
2017 66
2016 81
2015 42
2014 40
2013 40
2012 56
2011 45
2010 51
2009 38
2008 58
2007 75
2006 54
Source: Data is processed from AJI and various reports

Mass media in Indonesia continues to face public pressure. When Tempo Magazine
(Tempo edition,January 17, 2015 ) reported the flow of funds from a high-ranking official
in Jakarta to certain people, this led to a problem. On January 22, Tempo was reported to
the police by the NGO Indonesian Lower Society Movement on charges of violating banking
secrets.
The symptoms of this press criminalization are unsettling. In a report from
Reporters Without Borders, a non-profit organization engaged in the defense of the press,
Indonesia in 2015 ranked 138th out of 180 countries in terms of the press freedom index.
This ranking declined from the rank of 132 in 2014. Some indicators used to measure the
index include media plurality, independence, transparency, and self-censorship. The
increasing symptoms of criminalization and the decline in the press freedom index are
certainly a real threat to press freedom in Indonesia. 15 The following are some examples of
the criminalization of the press that occurred in Indonesia after the press freedom tap was
opened in 1998:

1. Criminalization of The Jakarta Post

On July 3, 2014 the Jakarta Post daily featured caricatures about ISIS. Caricature
which has also been published in the Egyptian and Thai media has become problematic
because it contains Islamic religious symbols. A few days after the loading, The Jakarta
Post went to the Press Council and officially apologized because the caricature had drawn
protests from a number of parties. The Press Council has also stated that the loading of the
caricature only violates the journalistic code of ethics. But a number of Islamic

15 https://news.detik.com/berita/d-2850672/jokowi-terima-aduan-kriminalisasi-pers-
mulai-dari-tempo-sampai-the-jakarta-post, accessed 15 October 2018.
organizations reported the editor in chief of The Jakarta Post Meidyatama Suryodiningrat
to the police on December 11, 2014, which was later named a suspect in a case of alleged
blasphemy.

2. Criminalization of Metro TV Contributors

Contributors to Metro TV Makassar Upi Asmaradhana, reported to the police by
Kapolda South and West Sulawesi (Sulselbar) Sisno Adiwinoto. Upi was made a suspect on
charges of defamation and sued for Rp. 10 billion. The case began when Provincial Police
Chief (Kapolda) West-South Sulawesi (Sulselbar) said that public officials in Makassar need
not fear media coverage. If there are reports, reporters will immediately be examined with
articles of criminal law. These statements were published by several media in Makassar
and triggered protests. Responding to the protest, Sisno actually reported Upi. According to
him, it was Upi who coordinated the protest actions to defame his reputation. The
allegations were not proven and the Makassar District Court on Monday September 14,
2009 acquitted Upi Asmaradhana.

3. Criminalization of Seven Media

Raymond Teddy, a suspect in gambling cases, sued civilly for the reporting of seven
media, namely the daily Seputar Indonesia, RCTI, Suara Pembaruan, Kompas, Detik.com,
Republika, and Warta Kota. Raymond accused of defamation in the reporting of the seven
media. The reason is that the seven media names Raymond Teddy as a suspect in a raid on
alleged gambling cases at the Sultan Hotel 296 Suite Room on October 24, 2009. Raymond's
claim was completely rejected by the court.

4. Criminalization of Radar Yogyakarta

On December 9, 2007, the former general leader of Radar Yogyakarta Risang Bima
Wijaya was forcibly arrested by the police. This arrest was related to the decision of the
Supreme Court which rejected the appeal of Risang on charges of defamation against the
daily leader of the People's Sovereignty Soemadi M Wonohito. The case began when a
Kedaulatan Rakyat employee reported Soemadi on charges of sexual abuse. In addition to
reporting the police, the victim also held a press conference published by several media,
including Radar Yogyakarta.
The news was then reported to the police by Soemadi as a form of defamation. In
2004 the Sleman District Court sentenced Risang to nine months in prison. This case
continues to appeal until the appeal to the Supreme Court. In 2007, the Court issued a
ruling affirming that Risang was found guilty and received a sentence of 6 months in prison.

5. Criminalization of Tempo
On September 16, 2004, the Central Jakarta District Court sentenced editor-in-chief
of Tempo magazine Bambang Harymurti to a one-year prison sentence. This sentence is
related to the news "Ada Tomy di Tenabang" in the magazine edition 3-9 March 2003. The
judge considered Bambang unable to show any evidence presented by Tomy Winata.
Tempo was considered broadcasting false news. The case continued after Tempo appealed
and appealed. On February 9, 2006, the Supreme Court issued a cassation ruling by
releasing Bambang Harymurti. The consideration is that the Press Law is a specialist lex or
specifically regulated in the Criminal Code.
6. Criminalization of Indonesian Playboys
On June 29, 2006, the police appointed editor-in-chief of Playboy Indonesia magazine
Erwin Arnada as a suspect in the case of pornography. The South Jakarta District Court
decided Press and Indonesian Reform 1998.

Before the era of democracy in 1966-1998, the newspapers can be issued only if
they gained SIUPP (press publishing business license), which was very expensive and
controlled by the Suharto regime. However, when the reform era came, the people began to
get benefit from the freedom of the press. Without any discrimination, the license to
publish mass media is more accessible and open to the public. Yet, the extensive issuance of
press publishing also increases the pro and contra opinion due to several factors, such as,
public and Government have been accustomed with the old authoritarian model. Another
factor is the fact that the first period of the press freedom increases the quantity of mass
media that live in the new air of freedom.
When the reform in 1998 rolled out in Indonesia, the national press got up from the
ground and the press freedom is opened again marked by the enactment of Law No. 40 of
1999. The various obstacles that make the national press "stuck" are released. The SIUUP
that was applicable in the era of New Order is not needed anymore, whoever and whenever
people can issue press publications without any complicated requirements. In the Article 6
of Press Law No.40/1999, national press carries out the role as follows: (1) Meet the
public's right to know; (2) Affirm the basic values of democracy and human rights and
respect for diversity. 3. Develop a common opinion based on accurate and precise and right
information; (4) Conduct supervision, criticism, corrections and suggestions on matters
related to public interest; (5) Fight for justice and truth. Professionalism means ism or
ideology that values professional skills or personal abilities in general, as the main tool to
achieve success.
In Indonesia, the wind of reform blew hard, wide corridors of democracy unfold.
Liberalization takes place massively. Public spaces, which were previously filled with
spider webs of power that every moment could fetter the freedom of the press, have
opened more widely. Alternative voices that for so long settled behind the cubicles of
public silence suddenly wafted out, like a bird out of her cage, flying free. The development
of the Indonesian press recently has noted some important things that indicate a change
dealing with the press after Soeharto's New Order.
First, the deregulation of media made by the post-Suharto regime as shown by the
easiness in gaining a license and the revocation of SIUPP system has led to widespread
press publications. Unfortunately, the increase in the quantity of media, not by itself, is
accompanied by an increase in journalism quality. While the media which tends to be
partisan repeatedly holds the "language sensationalism" as seen through the selection of
the title (headline) that is bombastic or makes garish cover designs, at the same time
entertainment magazines and tabloids do the "vulgarities" and "eroticity" of sex
information. That situation can be called negative press, and beyond doubt its criteria are
like that. The Indonesia recent society is the society overflowed with information in the
form of images, text, sound and visual communications, people who are are bombarded by
information and commercial messages. Media-saturated society also leads to the media
narcotizaton for the community. "Narcotization" is a term used to describe the negative
effects or deviant consequences (dysfunction) of mass media. The term actually comes
from Paul f. Lazarsfel′d, and Robert k. Merton. In their essay, Mass Comuniation, Popular
Taste and Organized Social Action (1984), they use the term "narkotizing dysfunction" to
refer to the social impact of the media, which is often overlooked. They believe that the
mass media cause apathy.
Second, it is the emergence of the so-called "new media" in our society lately. To
mention them is the Internet and increasingly sophisticated multimedia technology.
Internet access brings a new culture in the utilization of spare time (leisure time). With the
Internet, the boundaries of space and time have been destroyed. And more value and
benefits that can be taken and used by media users, for the sake of efficiency and effective
day-to-day activities, so it is not excessive if that category is called a positive press.
Third, it is the strengthening of the phenomenon known as a media "imperialism''
thesis. This phenomenon is due to the transnational media globalization and the invasion of
imported entertainment products that dominate the domestic media market.
Journalists have a heavy duty. "Journalists must hold firmly the truth and be faithful
to the people," said Bill Kovach and Tom Rosendstiel (2001). Journalists work for the good
of society. He can not easily worry, and pro-business rather than news. Working to verify
the news, they must be transparent and systematic, and should be independent. They may
not flirt with political parties or rulers or employers. Because, how can a journalist be
hoped to report accurately a person to whom he/she has personal relationships, intimate
and loyalty? There should be a personal distance for journalists can report and evaluate
news independently. From there, the truth emerges, that is jurnalists having credibility as
the transmitter of the story. This confession is not obtained as taken for granted. But,
repeatedly and continuously, it is pursued through a variety of codes and conventions of
truth on which the audiences can put their faith in. 16
The resignation of President Soeharto in May 1998 which marked the end of the
New Order era on the writer’s opinion is a ''democratic revolution''—not just a democratic
reform.'' This event started a fundamental change on Indonesia democracy face, from a
"guided democracy" ala Soeharto toward a constitutional democracy that provides
opportunities to people and all sectors of civil society to control the power which is run by
the executive, legislative and judicial board.
However, it should also be reminded that a victory in the struggle for democracy in
1998 faced a serious threat when the actors or parties involved in that struggle (or so-
called reformist) trapped in the euphoria that makes the upheaval and revolution as the
ultimate goal. In fact, the upheaval and revolution should be seen as a way in an attempt to
seize the objective. We must be aware that if the "revolution" followed by "revolution"
again, it will create the recurring violence and state failure.
Today, in the post ''democracy revolution”, it takes a strong press in Indonesia, the
press that its commitment is not only for the purpose of the revolution itself, that is
democracy and freedom, but also to realize the objectives of democracy, social justice,
welfare and security.
The necessary conditions of strong press are already in our midst. The umbrella of
law is also reliable. In Law 40/1999 about press, particularly Article 4 states that (1)

16Brian McNair, The Sociology of Journalism, Hodder and Stoughton in Paperback, 1998.
freedom of the press is guaranteed as the right of citizenship, (2) the national press is not
subject to censorship, prohibition or ban on broadcasting, (3) to guarantee the freedom of
the press, the national press has the right to seek, obtain, and disseminate ideas and
information; and (4) in the news responsibility before the law, journalists have the Right of
Reject.
The Legal and political framework is supposed to make the press already not afraid
to seek and maintain those principles. But, at the same time each member of the press is
also required to have a strong awareness that he/she is responsible for all activities of
journalism. Members of the press are not the follower of jingoism or extreem patriotism
(for anything) and forget their obligations and responsibilities for their history. Indonesian
press members have the law that lex specialis because they represents the interests of
society, not the interests of themselves or other small groups.
The dedication of the press members is on the ideals of many community, that it
social justice, welfare and safety. For that reason, the press should give a positive color,
including constructive criticism rather than destructive purposes, in the democratic
process in Indonesia based on Pancasila and Bhinneka Tunggal Ika (the Unity in Diversity).
So far we have yet to see the press community in Indonesia who think seriously and
outline a definite direction of the press struggle. There has been no common agenda. That
is why we are now seeing the media and the press becoming jingoists. They are very loyal
to the interests of particular groups, both business groups and political groups, including
the owners of capital, and ignore the greater and nobler purpose.
Whereas, in fact, the main function of the press is as a tool of control and to shape
public opinions, as what have been being discussed by experts that the press has a function
of social control and shapers of public opinion ..17 But, in reality the press is faced with the
problem of criminal prosecution and even imprisonment, whereas Law No. 40 of 1999
ensures that the press offenses are civil cases, be resolved amicably through mediation
played by the Press Council established independently by the state.
The facts tell us that at least until the present day the capital has won the battle, in
which the owners of the capital has more freedom over the State and the press. For
example, in the case of Tomy Winata VS Tempo, the Supreme Court eventually pronounced
Tempo a winner although the two previous Court, the Central Jakarta District Court and the
Supreme Court of Jakarta won Tomy. Meanwhile, in the case of the Times Magazine, the
Supreme Court pronounced Suharto for the victory. Thus, the reality shows that the Tempo
victory has not become jurisprudence in general. Actually, in the same case of libel by the
same agency, there are two opposite judgments. It was here that the experts see the
failures of capitalism in developing countries, which have been raised by the State
bureaucracy, because capitalism in principle can not be developed in the situation in which
a country uses double standards.18

17 Noam Chomsky, New Horizons in the Study of Language and Mind . Cambridge University
Press, 2006, 210 pp. Jurgen Habermas, Knowledge & Human Interest, Beacon Press, 1972 See,
Muzakki, The Captured State; Fenomena Dominasi Modal Atas Kekuasaan Pemerintah dalam Kasus
Tempo, Dissertation Doctoral Program Public Administration Science , Brawijaya University, 2008.
18 Muzakki, The Captured State; Fenomena Dominasi Modal Atas Kekuasaan Pemerintah

dalam Kasus Tempo, Doctoral Dissertation, Public Administration Science Program, Brawijaya
University, 2008.
 The empirical facts above provide theoretical confirmation that there is no legal
certainty to ensure the freedom of the press as Act No. 40 of 1999. To rebuild the basic
functions of a free press, it is time for the state to impose the Press Law as a special law (lex
specialist). For the newspeople, it is also necessary to hold society to realize citizen
journalism. Community media in various forms, print, electronic and audio visual needs to
gain priority as the existing capital to the freedom of the press towards the realization of
substantive democracy.
According to the theory of the liberal press, the press should have as wide as
possible freedom to help people find the truth. To seek the truth, human beings need
freedom to seek information. In a liberal society like in Europe and North America, the
freedom of the press is the main pillar of liberal democracy as the classical theory stating
that the mass media function as 1) public spaces, besides functioning as 2) supervisor
(watchdogs) to the government as it is described by Sukosd in Media and Public Policy. In
this case, Siebert and Peterson have stated that the press is the fourth pillar (fourth estate)
after the executive, legislative and judicial branches. 19
If we look at them in linear way, from perspective of democratic transition,
prevailing regulations in reformation era should give priority to democratic characters.
However, this has not happen in product of media law in Indonesia. Instead of doing
review, colonial inheritance articles in KUHP even used as consideration basis to make new
regulations. ITE Law, for example, still use paradigm of aspersion criminalization. This
matter indicating that freedom of opinion guaranteed by Constitution of 1945 and product
of founding father of this nation struggle haven’t realized yet. There are significant
numbers of colonial and authoritarian element reducing guarantee of freedom to state
opinion. Even worse, it is still happen until today.20
Hopefully, recently newsmen and press activists for democracy hope that, there
should be a more advanced stage in the development of democracy in Indonesia. All the
stake holders of the press must be able to sit together and discuss the ideals of freedom,
ideal reform, and ideals of a democratic Indonesia that embody social justice, welfare,
safety and freedom. For Indonesian the press activists, state and society, the road ahead to
strengthen freedom, democracy, welfare and social justice remain open even though the
road is twisting and full of thorns. ***

Acknowledgment:
The writers would like to thank Dr Rizal Ramli, dr Hariman Siregar, Ir Suko Sudarso, Ir
Benny Subianto and Bursah Zarnubi for their supports to this research. We also would like
to thank Prof Laurie Sears and Loren Ryter (Southeast Asian Center, Henry M Jackson
School of International Studies, University of Washington) and Prof M Steven Fish
(Department of Political Science, University of California Berkeley) for their kindness
during our research days to finish this essay in February-April 2012 in UW Seattle and UC
Berkeley, but the responsibility of the paper is ours alone.***

19 Fred S Siebert, Theodore Peterson and Wilbur Schramm, Four Theories of the Press.

Urbana: University of Ilinois Press, 1963.

20R. Kristiawan, ibid. See also, Luthfi as-Syaukanie, “Tantangan Kebebasan Berpikir dan

Berekspresi di Indonesia”, majalah Prisma, vol. 30, No. 1, 2011, pp. 38-42.
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