Journalists’ Professional Organizations and Human Rights
Education in North Sumatra*
Majda El MuhtajT

he 64th National Press Day (Hari Pers Nasional or HPN) on 9
February 2010 in Palembang, South Sumatra, was significant fora couple of reasons. First, the event showed new enthusiasm andawareness on the implementation of the national press policies in strengthening the quality of journalistic work. This is seen in the signing of the
Palembang Declaration by press companies during the 2010 HPN. The
Declaration covers the following major components:• Standard of Competency of Journalists;• Standard of Organization of Press Companies;• Standard of Press Profession Protection;• Standard Code of Ethics of Journalists; and• Standard of Journalists’ Organization.

Nineteen press companies signed the Palembang Declaration during
the 2010 HPN.
Second, the School of Journalism Indonesia (SJI) has been establishedand a first batch of thirty participants have been trained. A new era for the
emergence of academic institutions in journalism that focus on Indonesianjournalistic professionalism has started.1
Within this setting, press freedom in Indonesia reaps many expectations as well as challenges after being promoted for nearly two decades since
the Reform Era. Can the national press as the “fourth estate” contribute toincreased the media literacy of the Indonesian people? Moreover, how can
the national press be encouraged and strengthened to genuinely play a significant role in creating a conducive environment for the respect, protection
and fulfillment of human rights in Indonesia? That is the challenge and hopefor the Indonesian press.
The national press stands strong and equipped in supporting the constitutional rights of expression, and of receiving and imparting information.
Using a human rights-based approach to journalism, the national press has
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the strategic role of raising the quality of Indonesian democracy, one whichprospers its people and respects human rights.
Freedom of the press is one manifestation of people’s sovereignty basedon the principles of democracy, justice, and rule of law, as set out in Article
2 of Law No. 40 of 1999 on the Press (hereinafter the Press Law).2 Freedomof the press requires the presence of news, both for the press and the public.
This is due to the fact that access to information is key to uphold democracy
and human rights values and standards.
The press in Indonesia developed in a very significant manner. According
to the Press Council (Dewan Pers) there are four types of media: print, television, radio and cyber. As of 2014, there were 567 print media companies,
1,166 radio stations, 394 television stations, and 211 cyber media groups.3
The current statistics for print media record 312 daily newspapers, 173
weekly newspapers and 82 monthly magazines. Since 2013 the total numberof print media has increased by 158 publications (with its total in 2013 being
412 publications). An increase in daily newspapers has also been evident
with the total rising from 215 to 312 presently.
There has also been an increase in the number of press companies, notably in broadcast, radio, television, as well as cyber media. In 2013, basedon data from the Ministry of Communications and Information, the Press
Council reported that there were 991 radio stations and 340 television stations. While in 2014, the number increased to 1,166 radio stations and 394
television stations. The number of previously existing cyber media was 134
which now reached 211. It is worth noting that the data collection on cyber
media has been done by the Press Council for the last two years.4
Journalists and Human Rights
Along with the recent development of the profession of journalism and theattitude toward the international community, the strengthening, promotion, and protection of human rights of journalists has become an importantpart in the development of human rights around the world. The State andall elements of society should respect and protect the commendable workof journalists.
Indeed, the world should be proud of the Indonesian press. Since
1999 up to present, there has been a significant advancement for the press.

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Reporters Without Borders stated that according to its data, no Indonesianjournalists were arrested, imprisoned or killed in 2008.5
Even so, this does not imply that the journalists do not face challenges in Indonesia. The Alliance of Independent Journalists/Aliansi Jurnalis
Independen (aji) reported that journalists in Indonesia are facing increasing
acts of violence.6 Based on data from AJI, attacks against journalists have included beatings, intimidation and the destruction of journalists’ equipment.
Even though the 1999 Press Law stated that journalists should be protected,
according to Suwarjono, AJI chairperson, the culture of impunity within thepolice force was the reason for the spike. The violence against journalists
increased to 46 in 2015 from 40 and 39 in 2014 and 2013 respectively. AJI
reported that violence against the press decreased in 2013, with the total
number of incidents falling to 40, from 51 in 2012. During the celebrationsof World Press Freedom Day 2015, AJI strongly stated that Indonesian Police
are the real enemy for freedom of the press in Indonesia.7 Beside it, someregulations threatened freedom of the press or freedom of expression.8
Historically, press freedom in Indonesia had been the exception rather
than the rule according to Herlambang A. Wiratraman, head of Indonesia
Human Rights Lecturers Association (sepaham). The current situation ofpress freedom in Indonesia is therefore even more telling. But even when
Indonesia’s democracy seems to have become relatively stable, press freedom is constantly under threat.9
Ironically, while Indonesia has undergone nearly two decades of Reform
Era, the state of press freedom in the country continues to decline according to the World Press Freedom Index. The Reporters Sans Frontieres (rsf)or Reporters Without Borders10 provides information on the state of the national press freedom during the 2002-2015 period in the following table:11

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Ranking since 2002, Reporters Sans Frontieres

The Freedom House, an independent monitoring organization, committed to the expansion of freedom and democracy in the world, ranked
Indonesia’s press freedom as follows: 12
YearGlobal Ranking

RatingStatus2002

8 (in Asia)

53/187

Partly Free (PF)2003

24 (in Asia Pacific)

56/193

PF

2004

117

55/193

PF

2005

119

58/194

PF

2006

121

58/194

PF

2007

114

54/195

PF

2008

114

54/195

PF

2009

113

54/195

PF

2010

107

52/196

PF

2011

108

53/196

PF

2012

87

49/197

PF

2013

96

49/196PF

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2014

98

49/197

PF

2015

97

49/199

PF

2016

96

49/199PF

Sabam Leo Batubara, Vice-Chairperson of the Press Council 20072010, stated, “Jika penegak hukum masih melakukan pembiaran tindak kekerasan terhadap wartawan dan pers, dan memberi perlindungan terhadap
pejabat yang diberitakan pers sebagai bermasalah, fungsi control sosial pers
menjadi tidak efektif. Rakyat akan terus menjadi korban penyalahgunaan
kekuasaan oleh penyelenggara negara.” 13 (If the law enforcement agencies
are still providing impunity for the acts of violence against journalists andthe press, while protection of the state officials is being reported, the social
control function of the press will become ineffective. The people will be victims from abuse of power by the state officials).
Journalists fall under the category of human rights defenders when they
perform their professional tasks to the best of their ability and strive to promote and protect human rights. Human rights defenders do concrete andcommendable activities. They are constantly striving to raise awareness forthe promotion and protection of human rights.
Freedom of the Press in Indonesia
Article 1 point 1 of the Press Law gives the sense of the press as:
Lembaga sosial dan wahana komunikasi massa yang melaksanakan kegiatan jurnalistik meliputi mencari, memperoleh,
memiliki, menyimpan, mengolah, dan menyampaikan informasi
baik dalam bentuk tulisan, suara, gambar, suara dan gambar,
serta data dan grafik maupun dalam bentuk lainnya dengan
menggunakan media cetak, media elektronik, dan segala jenis
saluran yang tersedia. (A social institution and a means for masscommunication which conduct journalistic activities including
the seeking, obtaining, possessing, storing, processing and conveying information in the form of text, sound, images, sounds
and images, data and graphs as well as in other forms using print
media, electronic media, and all available channels).

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Freedom of the press, although a crucial part of democratic empowerment, should be understood as a means not an end. Freedom of the press is
not absolute;14 it is a basic strength that the press could use to the maximum
to achieve national goals. And yet that same freedom is often reduced to adogma and justification to serve media business interests. 15
In the history of Indonesia, the press had provided vital support to the
movement for Indonesian independence. Indonesian freedom fighters realized the strategic role of the press in strengthening Indonesia’s independence struggle. But it had likewise been used as a tool in the struggle forcertain business and political interests. The episodes of Indonesian history
described the ebb and flow of press freedom in Indonesia.16
Early Era of Independence (1945)
Djamaluddin Adinegoro (1904-1967), the leader of Pewarta Deli in
Medan in a (1932) editorial stated the following:
Pers di waktu ini tidak banyak kemerdekaannya dan orang
yang menulis pasal staatkundige vraagstukken itu adalah ibarat
orang yang menyeberang sungai, melalui titian selisih papan. Ia
harus sangat hati-hati sekali melangkah agar supaya ia jangan
jatuh masuk sungai. (The press at this time lacks independence
and any person who writes about staatkundige vraagstukken[political issues] is like a man who crosses the river through amakeshift bridge. He must be very careful in placing his steps to
avoid falling into the river. )17
The fight for independence was not limited to direct confrontation withthe colonialists but also involved overt and covert struggle through the media. The national press was certainly at political odds with the Dutch as wellas Japanese colonialists. During this era, historical facts demonstrate thatthe heroes of Indonesia utilized the press as a medium in the struggle forIndonesian independence.
“Orde Lama” (Old Order) (1945-1966)
The government established under an independent Indonesia, andheaded by Sukarno as its President (18 August 1945 -12 March 1967), began a new episode of governance in Indonesia. The revolutionary spiritof the independence movement was still very much part of the Soekarno

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Administration. In the early days of independent Indonesia, however, thegovernance had to struggle with the turmoil and dynamics of consolidating
the government.
David T. Hill described the growth of newspapers from the beginning of
independent Indonesia until the 1950s like mushrooms in the rainy season.
Media thrived and became an important part in channeling information on
the views of political parties. When the Dutch colonial government recognized the independence of Indonesia in 1949, about 75 press publications
were being published. Meanwhile, with a population of 85.5 million during
Indonesia’s first post-colonial elections in 1955, the number of publications
increased six-fold to 457 with total circulation in eight-fold to 3,457,910.18
Freedom of the press in this era experienced significant changes since
the issuance of Presidential Decree of 5 July 1959. This decree started thelimitation of freedom of the press in Indonesia under the framework ofquasi-democratic practices based on the Pancasila, otherwise known as the“guided democracy” of Sukarno.
Consecutive regulations were passed under the pretext of “guidance”
of the press in Indonesia, namely Presidential Regulation No. 6 of 1963 on
the Guidance of the Press19 and Provisional People’s Consultative Assembly(mprs) Decree No. XXXII/mprs/1966 on Pers (Press) Guidance enacted on
5 July 1966. The function of the press, which led the mass mobilization that
supported the Indonesian revolution, was distorted and limited.
In December 1966, the President issued Law 11 of 1966 on Basic
Provisions on the Press. 20 This law provided for the establishment of a Press
Council that would be headed by the Minister of Information (Article 7
paragraph [1]). This law provided for the government’s guide over the press.
“Orde Baru” (New Order) (1966-1998)
The Sukarno administration was replaced by that established by General
Soeharto through the Order of 11 March 1966 (Surat Perintah Sebelas
Maret). As the Second President of the Republic of Indonesia, Suharto (19212008) was successfully elected in seven elections, and proved no better than
Sukarno, particularly in creating an adverse climate for press freedom inIndonesia. The term “New Order” was a political attempt to separate theperiod of Suharto administration from the Sukarno administration which
upheld the implementation of Pancasila Democracy.

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The Ministry of Information became an important agent of the government in restricting freedom of the press. National development, unityand political stability were the main jargons that had been put forward andthe press was obliged to support them. Free and ”responsible” press (persyang bebas dan bertanggung jawab) became an important concept in the
spectrum of press freedom in the New Order Era. Such policy was obvious
through the issuance of Law No. 4 of 1967 on the Amendment of Law No. 11
Year 1966 on Basic Provisions on the Press. 21
Suharto’s press policy is easily understood through the Guidelinesof State Policy set every five years since 1973. The People’s Consultative
Assembly (mpr) Decree No. IV/mpr/1973 on the Guidelines of State Policy(Garis-garis Besar Haluan Negara) stated the following: 22
Pembinaan pers yang sehat yaitu pers yang bebas dan bertanggung jawab yang memungkinkan Pers disatu pihak memberikan penerangan kepada masyarakat seluas mungkin dan
seobyektif mungkin, dilain pihak merupakan saluran pendapat
Rakyat yang konstruktif. (Fostering healthy press refers to press
that is free and responsible, which on one hand enables providing information to the public as widely as possible and as objectively as possible, and on the other hand is the channel ofpeople’s constructive opinions).
The role of the press became increasingly assertive and detailed as agentof national development as outlined in the People’s Consultative Assembly
Decree No. IV/mpr/1987 on the Guidelines of State Policy, which reads asfollows: 23
Dalam rangka meningkatkan peranan pers dalam pembangunan perlu ditingkatkan usaha pengembangan pers yangsehat, pers yang bebas dan bertanggung jawab, yaitu pers yang
dapat menjalankan fungsinya sebagai penyebar informasi yangobyektif melakukan kontrol sosial yang konstruktif, menyalurkan aspirasi rakyat dan meluaskan komunikasi dan partisipasi
masyarakat. Dalam hal ini maka perlu dikembangkan interaksi
positif antara pers, pemerintah dan masyarakat. (In order to increase the role of the press in development, there needs to be
improved effort to develop free and responsible press, namely
the press to perform its function as a disseminator of objective
information that conducts constructive social control, a chan-

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nel of people’s aspirations and expansion of communication andcommunity participation. It is necessary to develop a positive
interaction between the press, the government and society).
An important recommendation is the policy on information and thepress under letter f of the Decree which states:
Untuk menjamin pertumbuhan pers yang sehat, pers yangbebas dan bertanggung jawab maka Undang-undang tentang
Ketentuan-ketentuan Pokok Pers perlu ditinjau kembali. Sejalan
dengan hal itu maka perlu dipersiapkan perangkat peraturan dibidang pers yang dapat lebih menjamin pertumbuhan pers yangsehat dalam rangka pelaksanaan Demokrasi Pancasila. (To ensure the healthy growth of free and responsible press, the Law
on Basic Provisions of Press needs to be revisited. Along with it,
sets of rules have to be prepared in the field of the press that canbetter ensure the healthy growth of the press in order to implement the Pancasila Democracy).
Then, Law No. 21 on the Amendment of the Law No. 11 Year 1966 on
Basic Provisions on the Press as Amended by Law No. 4, 1967 was enacted in
1982.24 Article 13 of the amended law requires the issuance of press publishing license/Surat Izin Usaha Penerbitan Pers (siupp):
Setiap penerbitan pers yang diselenggarakan oleh perusahaan pers memerlukan Surat Izin Usaha Penerbitan Pers selanjutnya disingkat siupp yang dikeluarkan oleh Pemerintah.
Ketentuan-ketentuan tentang siupp akan diatur oleh Pemerintah
setelah mendengar pertimbangan Dewan Pers. (Each press
publication conducted by the press company requires a Press
Publishing license, hereinafter abbreviated as siupp, issued by
the Government. The provisions of this license shall be governedby the Government after consultation with the Press Council).
The implementation of Law 21 created a nightmare for the Indonesianpress. The Ministry of Information was authorized to revoke press licenseunder the pretext that the press company was acting contrary to the democratic values ​​of Pancasila. The opposition to this unilateral policy eventually “snowballed” resulting in huge protests by the journalists and the public when Tempo, Detik and Editor magazines were banned in June 1994.
Atmakusumah Astraatmadja, the winner of the 2000 Ramon Magsaysay
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it “The Longest Anti-banning Demonstration in the History of the Press”(Demonstrasi Anti-bredel Terpanjang dalam Sejarah Pers ).25
Demonstrations and extensive criticism from within and outside thecountry and from various circles of society became the crucial beginning of
the major changes in the history of Indonesia. The members of the nationalpress established a new press organization in 1994 called Aliansi Jurnalis
Independen (Alliance of Independent Journalists) or aji.26 This organization
was established by journalists, activists, columnists and intellectuals on 7
August 1994 in Sirnagalih, Bogor, West Java. The Sirnagalih Declaration,with 58 signatories, is a milestone and symbolizes the new era for the independence of the press in Indonesia. Aji instituted two programs, among
several, one short-term regarding increasing the quality of Indonesian journalism through regular book publication, training, seminar, and independent magazine publication; and for the longer-term, the campaign for theabolition of siupp. From four cities in 1994 with dozens of members founding aji, it has established chapters in 36 cities from Aceh to Papua with almost 2,000 members by 2014.27 Aji has firmly and boldly voiced opposition
to any policy banning the work of the press and any limitation on freedom of
the press in Indonesia. As clearly stated in Article 9 of aji Statute, aji works
for the realization of free, professional and prosperous press and upholds
democratic values (terwujudnya pers bebas, profesional, dan sejahtera, yangmenjunjung tinggi nilai-nilai demokrasi).
“Era Reformasi” (Reform Era) (1999-present)
The Reform Era was marked by demands for fundamental change inIndonesia. With the limitation on freedom of the press by the Suharto administration, the press became an important modality for the fall of Suharto
in May 1998. The “Reform” idea mandated the amendment of Indonesia’sConstitution, the respect for and protection of human rights, the resolutionof human rights violations cases, combating corruption and upholding thefreedom of the press.
At the start of the Reform Era, the government of President B.J. Habibie(21 May 1998-20 October 1999) laid the foundation for the new Indonesian
government. The first election in the Reform Era was held on 7 June 1999.
Related to freedom of the press, under the support of B.J. Habibie, the parliament passed Law No. 39 of 1999 on Human Rights28 and Law No. 40 of1999 on the Press. 29 Both laws marked a new phase in the press freedom inHuman Rights Education in North Sumatra

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Indonesia. A news organization that was initially under the auspices of theIndonesian Journalists Association (pwi) changed drastically with the presence of dozens of news organizations, among which the most important
was AJI.
In general, the development of press freedom in the Reform Era
brought great changes. The provision of Article 7 of the Press Law confirmsthat journalists are free to choose the organization of journalists they wantto join (wartawan bebas memilih organisasi wartawan). On this basis, theMinister of Information, Yunus Yosfiah, revoked the Decree of the Ministerof Information No. 47 of 1975 which established the pwi as the only organization for journalists in Indonesia with government recognition.
In fact, no less important was the position of the Press Council, as
stated in the provisions of Article 15, which became an independent institution. Likewise with siupp, Information Minister Regulation No. 01/Per/
Menpen/1998 repealed the Regulation of the Minister of Information No. 01/
Per/Menpen/1984 on the Provisions of the Press Publishing License (siupp)
and the Decree of the Minister of Information No. 214A/Kep/Menpen/1984
on Procedures and Requirements for Obtaining siupp.
Another major change was the policy of President Abdurrahman
Wahid (20 October 1999-23 July 2001). Abdurrahman Wahid, known as Gus
Dur (1940-2009) took office as President after the 1999 elections. President
Gus Dur dissolved the Ministry of Information through Presidential Decree
No. 136 of 1999 on the Status, Tasks, Functions, Organizational Structureand Work Procedure of the Department. 30 And, Yunus Yosfiah was the lastMenteri Penerangan (Information Minister) who headed the Departemen
Penerangan (Ministry of Information).
The emergence of freedom of the press since the Reform Era did not prevent problems from occurring. The most significant problems were the wide
range of abuses against journalists on gathering information and covering
events, reporting of news, and criminalization of media. The Chairperson of
the Press Council (2003-2006 and 2006-2009), Ichlasul Amal, emphasizedthat freedom of the press in Indonesia was threatened by the provisions of
Criminal Code (kuhp). In a democratic state, according to Ichlasul Amal,
journalistic work should not be threatened by penal laws and journalists
could not be imprisoned for their professional work.31 The two cases involving Rakyat Merdeka daily tabloid and Tempo magazine illustrate the filing of128

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cdefamation charges against several journalists, while the media carries out
its function based on the Press Law.32
Warief Djajanto Basorie, who teaches journalism at the Dr. Soetomo
Press Institute (lpds) in Jakarta, sees one troubling concern after theIndonesian media gained press freedom with the end of Soeharto’s New
Order in 1998. He terms it as the emergence of press freedom “stowaways.”
They are press outlets that use press freedom for their self-interest rather
than for the public interest. Under the guise of press freedom, they extort,
deceive or intimidate.33
This was perceived by the Press Council, who received complaints
from the public due to unprofessional journalists and news media. The
Chairperson of the Press Council, Bagir Manan, confirmed this as follows:
Dewan Pers mengharapkan perusahaan pers yang belum
memenuhi ketentuan di atas untuk segera melakukan perbaikan
atau pembenahan hingga batas waktu tanggal 1 Juli 2014. Jika
di kemudian hari timbul permasalahan atau pengaduan darimasyarakat terhadap perusahaan pers yang tidak memenuhi
ketentuan di atas hingga batas waktu 1 Juli 2014, Dewan Pers
mempertimbangkan untuk merekomendasikan penanganan-nya
kepada aparat penegak hukum.34 (The Press Council expects thepress company which has yet to comply with the above regulations to conduct immediate correction until the deadline on 1
July 2014. If in the future the problems arise or complaints arise
from the public against the press company that does not comply with the above until the deadline on 1 July 2014, the Press
Council will consider recommending the treatment of this caseto law enforcement officials).
Throughout the 2000-2011 period, the Press Council received directly
or indirectly as many as 3,225 complaints. In 2014, complaints in general
concerned unbalanced news, defamation, inaccuracy, violence against journalists and the behavior of journalists.
Major changes supporting freedom of the press are expected to support
the independence and dignity of the national press. Freedom of the pressshould be based on three key elements: 1) adherence to ethical norms; 2)compliance and enforcement of legal norms; and 3) increased journalistic
skills. The ability to synergize the three is a “gigantic” asset for the nationalpress to support the promotion and protection of human rights in Indonesia.

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Accordingly, Article 4 of the Press Law provides that press freedom is
freedom which comes with the awareness of upholding the rule of law implemented by the courts, and professional responsibility as outlined in the
Journalists’ Code of Ethics and in accordance with the conscience of press
members. (kemerdekaan pers adalah kemerdekaan yang disertai kesadaran akan pentingnya penegakan supremasi hukum yang dilaksanakan oleh
pengadilan, dan tanggung jawab profesi yang dijabarkan dalam Kode Etik
Jurnalistik serta sesuai dengan hati nurani insan pers). Freedom of the press
is not free press. An independent press is a press that is able to liberate itself
from arrogance and impunity. 35
With the establishment of freedom of the press, the national press, as
defined by Article 6 of the Press Law, is expected to: first, meet the public’s
right to know; second, uphold the basic values ​​of democracy, promote theestablishment of rule of law and human rights, as well as uphold diversity;
third, develop public opinion based on information that is precise, accurate
and true; fourth, conduct surveillance, criticism, corrections, and suggestions on matters relating to the public interest; and fifth, fight for justice andtruth.
The subordination of the national press to, and its support for, the ruleof law and respect for human rights illustrates the strategic role of the press
in strengthening democracy in Indonesia. This is the space which should be
filled to the maximum. As stated in the UN Plan of Action on the Safety of
Journalists and the Issue of Impunity, “[w]ithout freedom of expression, andparticularly freedom of the press, an informed, active and engaged citizenry
is impossible.” It is important that the quality of the nation’s democracy ismeasured by the safety of its journalists. The government must guarantee
the protection of journalists. If the journalists can freely and safely conduct
their profession, citizens will be able to receive quality information. Surely,
citizens can unequivocally participate, support and engage in Indonesian
democracy including the strengthening of the Indonesian national press itself. However, some perceive the national press as committing incitement
to sedition and also defamation. The view about incitement to sedition anddefamation by the press is, strangely, based on the concept of the use of theforce of law that is inconsistent with the spirit of empowering the nationalpress.

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Strengthening the National Press
The national press is a press organized by the Indonesian press company.36
As stated in preamble of the Press Law, the national press as:
Wahana komunikasi massa, penyebar informasi, dan pembentuk opini harus dapat melaksanakan asas, fungsi, hak, kewajiban, dan peranannya dengan sebaik-baiknya berdasarkan
kemerdekaan pers yang profesional, sehingga harus mendapat
jaminan dan perlindungan hukum, serta bebas dari campur
tangan dan paksaan dari manapun (a medium of mass communication, information dissemination, and as an opinion-maker,
must be able to implement its principles, functions, rights, responsibilities and roles to the best of its ability based on a freepress that is professional, guaranteed and protected by law, andfree of any form of influence and intimidation).
Article 3 of the Press Law states two functions of national press, namely(1) as a medium for information, education, entertainment and social control; and (2) as an economic institution (Pers nasional mempunyai fungsi sebagai media informasi, pendidikan, hiburan, dan kontrol sosial. Disamping
fungsi-fungsi tersebut ayat (1), pers nasional dapat berfungsi sebagai lembaga ekonomi).
It is believed that the national press has a significant role order instrengthening democracy in Indonesia. With the spirit of the freedom of
the press growing since Reform Era, the national press has to uphold democratic values while subscribing to professional ethics. The Press Law alsoemphasizes that governments must ensure freedom of the press. Hence, thenational press has the right to seek, acquire and disseminate ideas and information and will not be subject to censorship, banning or broadcast bans.37
However, the application of the Criminal Code in various forms thatvictimizes the press is a step backwards. The media crackdown resulting
from unjust application of the law is a bad precedent for the rule of law inIndonesia. This is not intended to make the members of the press enjoy special application of the law, rather, this is an effort at learning and testing thespectrum of press freedom that has been adopted in the Press Law.
On the otherhand, the penal provisions of the Press Law should facilitate the development of a fair and dignified press. In order to support the independence and freedom of dignified press, press offenses should be subject

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only to the Press Law. This fundamental weakness of the Press Law must be
addressed wisely by members of the press. The Press Law needs to be immediately amended. If the offenses are only based on the criminal provisions
in the Press Law, this is of course, still very vague. Press criminal offenses
are only listed in Chapter VIII of Article 18. Giving the right to reply (hakjawab)38 and the complaint to press institutions does not mean eliminating
the right of others to sue them legally.39
Chapter VII of the Press Law contains two penal provisions – one foreveryone and another for press companies. Article 18 of the Press Law
provides:(1) Anyone who violates the law by deliberately hinderingor preventing the stipulations set out in Article 4 paragraph [2]and Article 4 paragraph [3] may face imprisonment for up to
2 (two) years or a fine of up to Rp. 500,000,000 (five hundred
million rupiah); (2) A press company that violates the stipulations set out in Article 5 paragraph [1] and Article 5 paragraph[2], as well as Article 13, may be fined up to Rp. 500,000,000(five hundred million rupiah); and (3) A press company that
violates the stipulations in Article 9 paragraph [2] and Article
12 may be fined up to Rp. 100,000,000 (one hundred million
rupiah). ((1)Setiap orang yang secara melawan hukum dengan
sengaja melakukan tindakan yang berakibat menghambat atau
menghalangi pelaksanaan ketentuan Pasal 4 ayat (2) dan ayat(3) dipidana dengan pidana penjara paling lama 2 (dua) tahun
atau denda paling banyak Rp. 500.000.000,00 (Lima ratus juta
rupiah); (2) Perusahaan pers yang melanggar ketentuan Pasal 5ayat (1) dan ayat (2), serta Pasal 13 dipidana dengan pidana denda paling banyak Rp. 500.000.000,00 (Lima ratus juta rupiah);dan 3) Perusahaan pers yang melanggar ketentuan Pasal 9 ayat(2) dan Pasal 12 dipidana dengan pidana denda paling banyak
Rp. 100.000.000,00 (Seratus juta rupiah).
These penal provisions do not specify the offences by journalists. In
fact, a number of journalists in Indonesia are currently being tried on criminal charges in a series of defamation cases and are threatened with imprisonment for their professional activities. Charges of Defamation (Articles
310-321 kuhp) are increasingly being threatened and in some cases filed,
not only against journalists, but also against human rights defenders andenvironmental activists.40

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Furthermore, people involved in law enforcement in Indonesia (lawyers,
members of the police, attorneys and judges) do not have good conscienceand understanding of the implementation of the Press Law. In order to avoid
multiple interpretation and foster proper understanding of the enforcementof the law on one side, and to protect freedom of the press on the other side,
the Press Council initiated a system of coordination and collaboration withIndonesian legal institutions.41
In addition, the presence and contribution of online or virtual media
has significantly increased in Indonesia. But the Press Law does not regulate it comprehensively. Journalists in online media are not regarded as realjournalists. Under such conditions, protecting them is problematic. In thisregard, the Press Law must be amended not only to clarify the legal status of journalists and the complaint mechanism for journalistic work in theIndonesian legal order, but also to better adapt to the developments andtrends of the media.
The Press Law brought great changes to the spirit of democracy inIndonesia. As a noble profession with a very commendable task, journalists
need strong legal protection. With robust journalist profession supported
by a strong legal umbrella, the national press would be robust in its empowered and dignified role.
A strong national press is a collective of hope and strength. In my
opinion, the national press should contribute to the work on human rights
education. But the dark and scary side of the national press still remains,among which is the significant problem of the protection and applicationof ambiguous law on the press. This portrait perfectly illustrates the gaps in
the knowledge and attitude of the society and those of elite members of thepress on the existence and strategic role of the national press. The nationalpress is allegedly not able to liberate itself from acute dependence on certain
vested interests due to poverty and ignorance.
Organization of Professional Journalists in North Sumatra
Pwi42 was established in Surakarta on 9 February 1946, approximately ayear after Indonesia’s independence on 17 August 1945. It is the oldest press
organization in Indonesia. Its establishment became the basis for holding
National Press Day (Hari Pers Nasional or hpn) every 9 February of theyear. Another media organization was established in the same year (on 8Human Rights Education in North Sumatra

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June 1946) for newspaper publishers, the Newspaper Publishers Association(Serikat Penerbitan Surat Kabar or sps). Both organizations were forums
for journalists and newspaper publishers who greatly contributed to thestruggle for Indonesia’s independence.
The pwi Statutes (Peraturan Dasar & Rumah Tangga pwi) adopted in
September 2013 at the XXIIIth pwi Congress in Banjarmasin, affirmed thatpwi is an independent organization of Indonesian journalists and media
professionals which accept members regardless of race, religion, and classas well as membership in political organization and community organization (organisasi wartawan Indonesia independen dan profesional tanpa memandang baik suku, agama, dan golongan maupun keanggotaan organisasi
politik dan organisasi kemasyarakatan).43
The PWI principles are based on Pancasila. Pwi currently has membership of over fifteen thousand journalists in Indonesia. According to the Press
Council Regulation No. 1 of 2000 on Competency Standards for Journalists,
pwi is the authorized institution that administers the Competency Test for
Journalists (Uji Kompetensi Wartawan or ukw). The results of the ukw classify journalists into three levels: advanced journalists (wartawan utama); intermediate journalists (wartawan madya); and junior journalists (wartawanmuda). It is important to note that no more than 25 percent of the membersof pwi have been certified. It is crucial that the quality of Indonesian journalists is boosted through ukw and other means.
Structurally, according to Article 2 paragraph 1 of the pwi Statutes, pwi
consists of the following: (1) pwi Center (pusat) located in the capital city of
the Republic of Indonesia; (2) pwi Province (propinsi) located in the capitalof the province; (3) pwi Regency/City (kabupaten/kota) located in the capital district/city; and (4) special pwi Solo in Surakarta.
In North Sumatra, out of 567 pwi members thirty are advanced journalists, ninety are intermediate journalists and one hundred twenty are juniorjournalists. Pwi has established chapters in fifteen districts/cities.
Pwi North Sumatra has engaged in human rights education activities.
The Chairperson of the Honorary Board of Regional pwi North Sumatra
had been working hard in building systems for communication, socialization and dissemination of professional norms of journalists to the membersof the press and the communities of North Sumatra.
Although sporadic events are held to commemorate international observances of the United Nations, pwi North Sumatra in collaboration with

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H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cother institutions such as those of academics and corporations organize
activities to discuss human rights and their relations to professional journalist work. Pwi has also invited journalists many times to join seminars
and trainings on human rights-based approach to journalism to raise theircapacity both as speakers and participants.
From 2006 to 2015, War Djamil, Senior Editor of Analisa Daily, former
Honorary Secretary of the Board of pwi North Sumatra and former Directorof Training Institute of North Sumatra of pwi has been intensively striving
for the professionalism of the press in North Sumatra. As the iconic figureof Indonesian journalism, he has been actively campaigning for appreciationof the importance of subscription to the Journalists’ Code of Ethics (KodeEtik Jurnalis or kej) and rights-based journalism through training for journalists, seminars and public discussions. These activities have been donein Medan, the capital of North Sumatra Province, and in various areas indistricts/cities of the province. 44
War Djamil did these activities on his own initiative and independent ofpwi. Unfortunately, North Sumatra PWI has not included these activities aspart of its official program agenda. While North Sumatra pwi has recently
recognized the significance of human rights education for journalists, relevant activities in this regard were still sporadic; out of fifteen pwi regencies/
cities in North Sumatra, only several pwi Districts have organized training
on human rights-based journalism such as pwi Labuhanbatu District, pwi
Asahan and pwi Deli Serdang.
Meanwhile, aji45 was established in Megamendung, Bogor, West Javaon 7 August 1994 (see Sirnagalih Declaration). Starting with a few dozen
members in four cities in 1994, it gained nearly 2,000 members in 37 cities,
from Papua to Aceh, by 2015.
Since its founding in 1994, aji has committed to strive for the freedomof the press, as well as to provide quality information to the public. After regaining freedom of the press with the ending of the authoritarian regime, aji
ensures that its members understand the professional ethics of journalists.
To improve the welfare of journalists, the aji founders sought AJI membership in the International Federation of Journalists (ifj), based in Brussels,
Belgium. This was part of the organization’s strategy in dealing with “progovernment” journalists that controlled the national press at the time. 46
The Xth aji Congress in Bukittinggi, West Sumatra, held on 27-29
November 2014 adopted the aji Statutes. According to the Statutes, aji sub-

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scribes to the principles of freedom, democracy, equality and diversity.47 Aji
is known as a journalist organization that cares and is involved actively in
striving for and defending press freedom in Indonesia and in the world.
The activities of aji throughout Indonesia are all geared toward the respect and protection of human rights and democracy; they emphasize theimportance of professionalism and welfare of journalists in accordance withthe vision of aji, namely, the establishment of a free, professional, and prosperous press that upholds the values of democracy (terwujudnya pers bebas,
profesional, dan sejahtera, yang menjunjung tinggi nilai-nilai demokrasi)
provided in Article 9 of the aji Statutes.
The aji organizational structure is composed of aji National (nasional)
and aji City (kota). AJI has also been authorized by the Press Council toadminister ukw. But since the administration of ukw requires resources,
aji chapters with limited resources have difficulty performing this role. Aji
Medan, for example, has not been able to administer ukw on its own due tolimited resources. Aji Medan, established in 1999,48 has eighty five memberswith three advanced journalists, and one intermediate journalist.
In addition to running the programs together with aji National, aji
Medan is active, either through its own institutions or in partnership/alliance with other civil society institutions in North Sumatra, in voicing theimportance of freedom of the press. Issues and discourses on human rights
are intensively discussed in various forums and study sessions, though stillsporadically held. Aji Medan still faces the fundamental question of organizational consolidation; but it has the strong commitment to change andstrengthen the organization.
Aji Medan is run by many young journalists who are very open to working with civil society institutions. Many of the successful partnerships withcivil society institutions are on campaigns for the rule of law, democracy,press freedom and human rights. In many instances, aji Medan is actively
involved in the Civil Society Alliance on Anti-Torture (sikap), Civil Society
Alliance on Information (masif) and others.
In collaboration with other institutions (such as those of the academics
and ngos), aji Medan celebrates on May 3rd every year the World Freedomof the Press. Aji Medan has strongly encouraged the local government andlocal police in North Sumatra to respect and uphold human rights andto protect all journalists around Indonesia. It launched and called for adequate minimum wages for media workers. It organized discussion on the

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restriction of freedom of the press in Article 27 paragraph [3] Law Number
11 Year 2008 concerning Information and Electronic Transaction (iet).
Every year on June 26th, aji Medan as a member of sikap, commemorated
International Day in Support of Victims of Torture. These activities havebeen done in Medan, the capital of North Sumatra Province.
Aji Medan is the only aji chapter in the province of North Sumatra atpresent according to Agoez Perdana, chief of aji Medan. The aji Medan
Board has planned to establish aji Siantar in 2016.49
Epilogue
Freedom of the press in Indonesia has had its ebb and flow. For a very longtime, freedom of the press was limited and subordinated to political hegemony of the government, both in the Old Order and New Order. Freedom of
the press in the Reform Era was strongly established. The firm legal support
for human rights, from the Constitution and various national human rights
instruments, provides the democratic and participatory policy space andfurther strengthens the freedom of the press.
However, freedom of the press is not everything. The phenomenon of“stowaways” and often referred to as “unscrupulous” journalists is a portraitof poor usage of press freedom. Freedom of the press is a means to educate
the people and support the welfare of society. It requires professional androbust press members and organizations; who must comply with the professional code of ethics of journalists.
Media and human rights have a strong mutual relationship. With anincreasingly strategic role of the media, professional journalist organizations contribute significantly in strengthening democratic values ​​and human rights. Human rights education conducted by pwi and aji in North
Sumatra still tends to be sporadic, that probably has not been able to makean impact in instilling democratic values. Looking ahead, pwi and aji inNorth Sumatra should synergize and reinforce a sustainable framework in
implementing human rights education, so that human rights-based journalism can actually happen in Indonesia, particularly in North Sumatra.

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Endnotes
1 Sji is a program of collaboration between Indonesian Journalists Association(PWI) and Ministry of Education and Culture-Provincial Government (South
Sumatera Provincial Government). For more details see Marah Sakti Siregar, et al.,Tiga Tahun Sekolah Jurnalisme Indonesia (Jakarta: rimbooks, 2013). See also www.
sji-pwi.org.
2 The Press Law has 10 chapters and 21 articles, and enacted in Jakarta on 23
September 1999. State Gazette Year 1999 No. 166, Additional State Gazette No 3887.
3 Tim Dewan Pers, Data Pers Nasional 2014 (National Press Data 2014)(Jakarta: Dewan Pers, 2014). See also at www.dewanpers.or.id.
4 Ibid.
5 An important case that has not been solved is the death of Yogyakarta journalist, Fuad Muhammad Syafruddin also known as Udin, on 16 August 1996. The
death of Kupang Pos journalist, Nusa Tenggara Timur, Yacobus Lewanmeru, also
known as Obby, on February 2009 also remains unresolved. On the development of
the media in the New Order, see Jose Manuel Tesoro, The Invisible Palace; the True
Story of a Journalist’s Murder in Java (Jakarta: pt. Equinox Publishing (Asia) Pte.
Ltd., 2004); Janet Steele, Wars Within; the Story of Tempo, an Independent Magazine
in Soeharto’s Indonesia (Jakarta: pt. Equinox Publishing (Asia) Pte. Ltd., 2005),
David T. Hill, The Press in New Order Indonesia, and its Indonesian edition, Gita
Widya Laksmini Soerjoatmodjo, Pers di Mata Orde Baru (Jakarta: Yayasan Obor
Indonesia, 2011).
6 “[Indonesia] AJI condemns rising cases of violence against journalists.” See atwww.seapa.org/aji-indonesia-condemns-rising-cases-of-violence-against-journalists/
7 Eko Prilliawito, “aji: Polisi Musuh Kebebasan Pers di 2014,” http://m.viva.
co.id/ramadan2016/read/571359-aji-polisi-musuh-kebebasan-pers-di-2014,“aji:
Polisi Musuh Kebebasan Pers,” Tribunnews.com, 3 May 2015. www.tribunnews.com/
nasional/2015/05/03/aji-polisi-musuh-kebebasan-pers.
8 See Nani Afrida, “Violence against journalists on the rise with 46 cases in
2015,” the Jakarta Post, 11 February 2016, www.thejakartapost.com/news/2016/02/11/
violence-against-journalists-rise-with-46-cases-2015.html.
9 See and read further his dissertation Press Freedom, Law and Politics inIndonesia: A Socio-Legal Study (Leiden: Leiden University Press, 2014), page 1. See
also Dewan Pers, Kebebasan Pers & Ancaman Hukum (Jakarta: Dewan Pers, 2005).
10 Rsf is based in Paris and founded by four journalists in the Southern Frenchcity of Montpeller in 1985. Rsf is an independent ngo with consultative status withthe un, unesco and the Council of Europe and the International Organizations of
the Franchopone. For more information, visit https://rsf.org/en/ranking_list/archive.
11 Reporters Sans Frontieres (rsf), Ranking since 2002, https://rsf.org/en/
indonesia.
12 See Scores and Status (1980-2016) and Detailed Data and Subscores (19802016), Freedom House, https://freedomhouse.org/report-types/freedom-press.
Freedom House was established in October 1941 and was the first American organization striving on the global freedom through research and advocacy on democracy,

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H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cpolitical independence and human rights. Indicators used are: legal environment,
political environment, and economic environment.
13 See Leo Batubara, “Kekerasan terhadap Fungsi Pers.” Posted on 23 February
2008 WIB at http://klikpolitik.blogspot.co.id/2008/02/kekerasan-terhadap-fungsipers.html. See also at http://andreanthoni.blogspot.co.id/2008/08/kekerasan-terhadap-fungsi-pers_3944.html. Posted on 25 August 2008.
14 “… So, according to systematic interpretation (sistematische interpretatie),
human rights are regulated in Article 28A until Article 28I Indonesian Constitution
1945 abiding by the limitation on human rights that are regulated in Article 28J
Indonesian Constitution 1945,” as decided by Indonesian Constitutional Court No.
2-3/puu/V/2007 dated 30 October 2007. Even though in the context of human rights
studies, the rationale of the decision of the Constitutional Court is questionable, as
the limitation of human rights are not as simple as referring to Article 29 udhr 1948
and the Limburg Principles on the Implementation of the International Covenant on
Economic Social and Cultural Rights which must be referred to strictly, as it contains
far more narrative explanations than Article 28J, Indonesian Constitution 1945.
15 Edmund Burke’s reference to media as “the fourth estate” has come to be
associated with the idea that the press plays a crucial role in enabling citizens toexercise control over political process. See Susan Marks and Andrew Clapham,International Human Rights Lexicon (New York: Oxford University Press, 2005),
page 237.
16 These episodes divided into four phases of Indonesian government in order
to seek the relation as well as press contribution in each phase. Adinegoro said “perssuatu negara adalah gambaran dari bangsa yang memilikinya” (the press in a state isa picture of the nation that has it”). See Soebagijo I.N., Adinegoro; Pelopor Jurnalistik
Indonesia (Jakarta: C.V. Haji Masagung, 1987), page 44.
17 Ibid., page 52.
18 See David. T. Hill, The Press in New Order Indonesia, Indonesia edition,
Gita Widya Laksmini Soerjoatmodjo, Pers di Masa Orde Baru (Jakarta: Obor, 2011),
page 24. See David T. Hill, Journalism and Politics in Indonesia; A Critical Biographyof Mochtar Lubis (1922-2004), Indonesia edition, Yayasan Pustaka Obor Indonesia(Jakarta: Obor, 2011).
19 The Guidance has 6 chapters and 14 articles, enacted in Jakarta on 15 May
1963.
20 This law has 10 chapters and 21 articles, enacted in Jakarta on 12 December
1966.
21 This law has 2 chapters, and enacted in Jakarta on 6 May 1967.
22 Enacted in Jakarta on 22 March 1973.
23 Enacted in Jakarta on 22 March 1978.
24 Enacted in Jakarta on 20 September 1982.
25 Atmakusumah Astraatmadja, “Kata Pengantar,” in David T. Hill, The Press in
New Order Indonesia, op. cit.
26 See http://aji.or.id/.
27 See Aliansi Jurnalis Independen, Semangat Sirnagalih; 20 Tahun Jurnalis
Independen (Jakarta: AJI), page 13.
28 This law was enacted in Jakarta on 23 September 1999.

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29 This law was enacted in Jakarta on 23 September 1999.
30 Enacted in Jakarta on 10 November 1999.
31 Lukas Luwarso, Kebebasan Pers & Ancaman Hukum (Jakarta: Dewan Pers,
2005), page vii.
32 See Amnesty International, “Indonesia Press Freedom under Threat,” AI
Index ASA 21/044/2003. See also the Jakarta Post, 3 May 2005.
33 Warief Djajanto Basorie, “How to Be A Competent Journalist,” in The Jakarta
Post, 12 March 2010. See more at www.thejakartapost.com/news/2010/03/12/howbe-a-competent-journalist.html#sthash.A5d7U5uo.dpuf.
34 See Dewan Pers, op.cit., page XXVI.
35 The United Nations defines impunity as the “failure to bring perpetrators ofhuman rights violations to justice.” It also sees “problem of impunity [as not being]
restricted to the failure to investigate the murders of journalists and media workers…
[but also to] the curtailment of their expression [that] deprives society as a whole oftheir journalistic contribution and results in a wider impact on press freedom wherea climate of intimidation and violence leads to self-censorship.” un Plan of Action on
the Safety of Journalists and the Issue of Impunity. For the full document see www.
unesco.org/new/fileadmin/multimedia/hq/ci/ci/pdf/official_documents/UNPlan-on-Safety-Journalists_EN_UN-Logo.pdf.
36 Article 1 point 6 of the Press Law.
37 Article 4 paragraph [2] and [3] of the Press Law.
38 Right to Reply is defined as the right of any individual or group to respond toor deny any factual news that is unfavorable to his/her/their good reputation. (Hak
Jawab adalah seseorang atau sekelompok orang untuk memberikan tanggapan atau
sanggahan terhadap pemberitaan berupa fakta yang merugikan nama baiknya). See
Article 1 point 11 of the Press Law.
39 In terms of legal accountability, journalists has Right to Refuse (Dalammempertanggungjawabkan pemberitaan di depan hukum, wartawan mempunyai
Hak Tolak). See Article 4 paragraph [4] of the Press Law. Right to Refuse is the journalist’s right to reject the request for disclosure of the name and/or other identities ofnews sources that must be secret. (hak wartawan karena profesinya, untuk menolak
mengungkapkan nama dan atau identitas lainnya dari sumber berita yang harus
dirahasiakannya). See Article 1 point 10 of the Press Law.
40 See Amnesty International, “Indonesia Press Freedom under Threat,” AI
Index ASA 21/044/2003.
41 See more at www.dewanpers.or/id/kesepahaman.
42 See more at www.pwi.or.id.
43 Article 1 paragraph 3, pwi Statutes (Peraturan Dasar & Rumah Tangga
PWI).
44 See War Djamil, “Jurnalisme Berbasis ham dalam Pemberitaan,” paper delivered at the Training Institute of pwi North Sumatera, Medan, on 21 November
2015. See also War Djamil, “Sekilas tentang Etika Pers dalam Media Massa,” paperdelivered on Journalistic Training pwi Kabupaten Asahan, Kisaran, 11 November
2014. See War Djamil, “Delik Pers dan Nota Kesepahaman Dewan Pers-Polri,” paperdelivered on Press Education, in collaboration with pwi North Sumatera, usu andAsian Agri, Medan, 12 December 2013.

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45 See more at www.aji.or.id.
46 AJI, Semangat Sirnagalih; 20 Tahun Aliansi Jurnalis Independen (Jakarta,
AJI, 2014), page 13.
47 See Article 5 of aji Statutes.
48 Interview with Darma Lubis, former Chief of aji Medan (2003-2005).
49 Interview with Agoez Perdana (2015-2018). For further information on aji
Medan visit http://medan.aji.or.id.