KKJ Values ​​Minister Bahlil Lahadalia as Threatening Press Freedom, Here's the Explanation

KKJ Values ​​Minister Bahlil Lahadalia as Threatening Press Freedom, Here's the Explanation

JABARNEWS | BANDUNG – The Journalist Safety Committee (KKJ) assesses that the Minister of Investment/Head of the Investment Coordinating Board (BKPM) Bahlil Lahadalia has threatened freedom of the press and opinion. So it hurts democracy in Indonesia.

As is known, Bahlil Lahadalia visited Bareskrim Polri Headquarters to report a source from one of the national media who revealed irregularities related to the policy of revoking and restoring thousands of mining business permits (IUP). He reported the source under the article for defamation.

Bahlil Lahadalia's report to Bareskrim Polri is in line with the publication of an investigative report in the relevant media in the March 4-10 edition entitled 'Main Tribute for Mining Permits'. Where in the report it is written that Bahlil Lahadalia as Minister of Investment/Head of BKPM revoked thousands of unproductive mining and plantation business permits on the grounds of facilitating investment.

The revocation plan begins in May 2021 at the same time as the issuance of Presidential Decree Number 11 of 2021 concerning the Investment Acceleration Task Force. However, the revocation of the IUP actually made many mining entrepreneurs nervous and revealed that Minister Bahlil Lahadalia and his close people asked for money or shares to restore the permits that had been revoked, based on an investigation conducted by the media.

Regarding the media reports, Bahlil Lahadia considers that the sources in the coverage have defamed his good name and feel aggrieved. Regarding the list of names reported, Bahlil said he had submitted a number of names internally to the Ministry of Investment as well as other names for questioning by the police.

Minister of Investment/ Head of the Investment Coordinating Board (BKPM) Bahlil Lahadalia. (Photo: REUTERS).

"So with this report, the Journalist Safety Committee (KKJ) considers Bahlil Lahadalia to be a public official who is anti-criticism. "This reporting has threatened press freedom, freedom of opinion, and injured democracy in Indonesia," said KKJ Coordinator Erick Tanjung in a statement received, Friday (22/3/2024).

According to him, the threat of criminalizing news sources will harm the public and create deadlock in finding valid sources. Not only that, this condition will make people even more afraid of becoming sources, witnesses to reveal crimes of corruption and other crimes, because they face the threat of criminal and civil penalties.

"The reporting of sources from the media threatens press freedom and sets a bad precedent for democracy," he said.

Erick said that the right to seek and obtain information is guaranteed by the constitution. Even internationally, the right to freedom of opinion and convey information is guaranteed in Article 19 of the International Covenant on Civil and Political Rights (ICCPR) as well as General Comment Number 34 to Article 19 of the ICCPR. Including the guarantees contained in Articles 28E and 28F of the Constitution, as well as Article 14 of Law Number 39 of 1999 concerning Human Rights.

Meanwhile, regarding the media's actions in not disclosing the identity of sources due to security considerations, he continued, this is guaranteed by the Press Law and Journalism Code of Ethics (KEJ). The Press Council has also assessed the coverage and stated that it is procedural and does not violate the code of ethics.

Minister of Investment/ Head of the Investment Coordinating Board (BKPM) Bahlil Lahadalia. (Photo: REUTERS).

"Mass media have the right to refuse to reveal the identity of sources and this is guaranteed in Article 4 paragraph (4) of Law Number 40 of 1999 concerning the Press," he explained.

Meanwhile, the Director of LBH Press, Ade Wahyudin, explained that news sources are part of a journalistic product so they cannot be punished because they are protected by the Press Law.

"In accordance with the Press Law, if news is not received or there is a protest, it can be resolved using a mechanism for the right to reply and the right to correction. "If it's not enough, parties who object or feel disadvantaged can report to the Press Council for dispute resolution," he explained.

Previously, Ade said that there was already jurisprudence in a similar case, namely in the cassation decision in the case of defendant Mohammad Amrullah, who was reported by a mining company because of his statement as a source in one of the press reports in 2016. The Supreme Court (MA) had previously determined that the news source was not can be charged with criminal defamation.

The decision number 646 K/Pid.Sus/2019 resulted in a ruling that freed Mohammad Amrullah from the charges. In its considerations, the panel of judges stated that news sources cannot be subject to Article 27 Paragraph 3 of the ITE Law concerning defamation because journalistic products are entirely the responsibility of the press media, not the sources.

Minister of Investment/ Head of the Investment Coordinating Board (BKPM) Bahlil Lahadalia. (Photo: REUTERS).

"Statements or information from sources in the news are journalistic products, the person responsible is the Editor in Chief of the press media," he stressed. (Ed)

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