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Freedom of Press, Expression

and Blasphemy
By : Nawawi Bahrudin
Director Executive : Legal Aid Centre for
The Press
www.lbhpers.org

Regulation on Press Freedom in Indonesia


In Article 28F of the 1945 Constitution:
"Everyone has the right to communicate and obtain information to develop personal
and social environment, and the right to seek, obtain, possess, store, process and
convey information by using all available channels.
International Covenant on Civil and Political Rights(1966) Article 19
Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any
other media of his choice.
Press law No. 40 of 1999
1.Freedom of the press is guaranteed as a basic right of citizens.
2.Against the national press is not subject to censorship, bans or restrictions on
broadcasting.
3.To guarantee Freedom of the press, the national press has the right to seek, obtain,
and disseminate ideas and information.

Regulation on Religion Blasphemy


Penal Code, Article 156 :
"Punishable by imprisonment for 5-year-old,
person who deliberately publicly issued feelings
or acts:
a. Which essentially hostile, misuse or
desecration of a religion followed in Indonesia;
b. With the intention that so people do not follow
any religion that based the Almighty God. "

Limitation on the freedom of expression on


the Internet (Social Media)
Article 28 paragraph (2) UU ITE:
Each person intentionally and without the right to
disseminate information intended to cause
hatred or hostility individual and / or a
particular group of people based on ethnicity,
religion, race and intergroup (SARA).
Circular Letter (SE) Police No. SE / 06 / X /
2015 about the handling of hate speech.

Freedom of Press dan Blasphemy

VS
. Article 28F, UUD 1945
. Article 19 ICCPR
. Press Law # 40/ 1999

Police named
the Jakarta
Post's editor-inchief,
Meidyatama
Suryodiningrat,
a suspect for
religious
defamation

Indonesian Penal
Code Article 156 a

Incorrect application of the law


General definition of Hate
Speech
Hate speech, outside the law,
is speech that attacks a person
or group on the basis of
attributes such as gender, ethnic
origin, religion, race, disability,
or sexual orientation
But in its implementation in
Indonesia, hate speech is often
likened with Defamation. So
that law enforcement agencies
often do over criminalization
and over blocking to the digital
content which presumed
contains hate speech.

example: As the critics of the


president and the police
detained for alleged doing hate
speech

Revised Penal Code and the threat to


press freedom
According to our records there are at least 85
articles that could potentially imprison
journalists in the revision of the laterst Penal Code.
Of the 85 articles in the latest revision of the Penal
Code law, there are 10 additional Criminal
sections to revoke certain professions,
including professional journalists and revoke
all permits including permits for corporate
media companies.