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Professor at the University of Informatics of Bina Sarana
Former Central KPI News Content Analyst
DISCUSSIONS Najwa Shihab’s video relating to an interview with the vacant post of Health Minister (Menkes) Terawan Agus Putranto, which was broadcast on Narasi TV’s YouTube channel on September 28, 2020, resulted in a report presented by Unified Jokowi Volunteers to the Police.
Police rejected the report on Tuesday, October 6, 2020, and ordered the informant to first complain to the Press Council. The action in the follow-up of this case is very appropriate because legally Narasi TV since November 28, 2019 is a press company established as a press that has administrative and factual verification.
A press company is an Indonesian legal entity that operates a press business that includes print media companies, electronic media and news agencies, as well as other media companies that specifically organize, broadcast or distribute information.
So in this case the TV Narrative is protected by the Press Law (UU) No. 40 of 1999 which is lex specialis against the Civil Code (“KUHPer”) and also against the Penal Code (“KUHP”).
This is explained in article 15 of the Press Law, paragraph 2 D, namely, that the Press Council fulfills the function of “giving consideration and seeking to resolve public complaints about cases related to press coverage.”
The police decision is also a form of respect for the Memorandum of Understanding between the Press Council and the Indonesian National Police Number 01 / DP / MoU / II / 2012 (Press Council) and 05 / II / 2012 (Polri) on ‘ Coordination in the application of the law ‘. and Protection of Freedom of the Press’, which was signed on February 9, 2012 and which distinguishes the handling of press cases from other cases.
The Memorandum of Understanding is clarified in Memorandum of Understanding Number: 2 / DP / MoU / II / 2017 and Number: B / 15 / II / 2017 on the Coordination for the Protection of Freedom of the Press and Law Enforcement with Regarding the Abuse of Professional Journalists.
Raising the issue that the broadcast of Narasi TV via YouTube channels can be withdrawn as a violation of the ITE Act is not appropriate given the status of Narasi TV registered with the Press Council as a cybermedia.
Also, raise the issue that Narasi TV broadcast content violates the Broadcasting Code of Conduct (P3) and Broadcast Program Standards (SPS) as a reference for the Indonesian Broadcasting Commission (KPI) in the implementation of The Broadcasting Law is inappropriate considering the content of over the top video services (OTT). not regulated by the Broadcasting Law.
P3SPS violations can only be prosecuted by KIP when the Narasi TV content in question is broadcast on a terrestrial television station that is a partner of Narasi TV, in this case Trans7, which is also registered as a legal press entity verified by management since September 4, 2018.
However, public reporting on the content of journalistic products should not be hindered or considered as an attempt to interfere with the freedom of expression and opinion protected by the Constitution of the Republic of Indonesia because article 17 of the Press Law states that ” the public can carry out activities to develop freedom of the press and guarantee the right to obtain the necessary information .. This activity may take the form of “monitoring and analysis of reports of legal infringements and technical errors in press reports”.
(dam)
