Press Release:
PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES AND THEIR SUPPORTING POLITICAL PARTIES DO NOT HAVE A SERIOUS TRACK RECORD OF PROTECTING PRESS FREEDOM.
Tifa Foundation - Press and Election Advocacy Coalition appreciates the commitment to press freedom made by Presidential candidate number one Anies Baswedan, Presidential candidate number two Ganjar Pranowo, and the Prabowo Subianto-Gibran Rakabuming Raka success team, in the Declaration of Press Freedom for Presidential and Vice Presidential Candidates held by the Press Council on February 10, 2024. However, the Coalition considers that not all candidates and their supporting political parties have strong track records and concrete programs to protect press freedom in Indonesia.
Although Indonesian press freedom was achieved in 1999, marked by the birth of Law No. 40/1999 on the Press, pressure on the independent press continues to occur. Data from the Alliance of Independent Journalists (AJI) shows that there were 1,040 cases of various types of violence against journalists from 2006-2023, ranging from physical, intimidation, digital and sexual attacks. Most of these attacks ended with impunity due to weak and impartial law enforcement.
The defamation and hate speech articles in the Electronic Information and Transaction Law (ITE) have been misused to ensnare journalists. AJI data recorded 42 cases of journalists being threatened since the law was passed in 2008, with 38 of them occurring in 2016-2023 or during the Joko Widodo administration. Of these cases, five people have been taken to prison. The Criminal Code, which was passed at the end of 2022, is a new regulation that will threaten press freedom when it comes into force in 2026.
The mainstream media is also still concentrated in the hands of a handful of elites who are directly connected to political parties and power. The strong grip of the media oligarchy undermines media independence by making the media a mouthpiece for the political and business interests of its owners. There is also no transparency in media ownership and advertising sources. Likewise, the state-funded broadcasting media has not been able to fully promote the public interest.
Meanwhile, digital disruption has an impact on the change in news media readership, which is more through social media. Increased digital advertising also comes more to social media platforms than to news media. This has a direct impact on the news media, which has difficulty maintaining a stable business. Meanwhile, dependence on the business model of social media platforms can encourage media to produce low-quality journalism, prone to amplifying propaganda and unverified information, amid a tsunami of misinformation polluting the digital space.
The welfare of most journalists is still poor due to low wages, prolonged contract status, not fully protected by social security, and easily victimized by unilateral termination of employment. The reauthorization of the Job Creation Law by Jokowi and the Indonesian Parliament in 2023, further weakens the economic security of journalists.
Papua remains a dangerous region for the safety of journalists and media, access to information is closed, still off-limits to foreign journalists, and access to the internet is often blocked.
Press freedom is an important pillar of democracy. The complexity of the problems that hamper press freedom has contributed to the decline in the quality of democracy, especially during the leadership of President Joko Widodo. Therefore, the three pairs of presidential and vice presidential candidates should have a serious vision, mission and program to restore press freedom in accordance with international, regional and national legal frameworks.
Review of Candidate Vision and Mission Documents
From the evaluation of the vision and mission documents of the presidential and vice presidential candidates, the number one Anies Baswedan and Muhaimin Iskandar pair included the most detailed program related to press freedom. The eight points mentioned include revising various regulations that hinder, taking action against cases of violence against the press, guaranteeing information disclosure, facilitating the press ecosystem through regulatory and fiscal support and guaranteeing freedom of association.
However, the Coalition believes that these programs are not in line with the track record of the three political parties that support them, namely the Nasdem Party, PKB and PKS. The three party factions also approved the ratification of the new Criminal Code and the second revision of the ITE Law which still contains problematic articles that endanger press freedom. Except for PKS, the Nasdem and PKB factions also approved the ratification of the Job Creation Perppu into law.
In addition to this track record, Nasdem Party founder and Chairman Surya Paloh is the owner of a media business octopus under Media Group. In the 2014 and 2019 elections, Media Group became the mouthpiece of Surya Paloh's political interests in supporting Joko Widodo to become President of Indonesia.
Prabowo Subianto and Gibran Rakabuming Raka only mentioned one point related to press freedom in their vision and mission document. That one point is to restore and guarantee freedom of the press that is responsible and has integrity in communicating the interests of the community in order to realize a healthy democracy.
However, the Coalition considers that the 'mission to restore and guarantee responsible press freedom' is very vague, does not address the problems currently facing the press, and is actually vulnerable to bringing the press under the control of strong powers.
The pair is supported by four parties that have seats in parliament: the Great Indonesia Movement Party (Gerindra), the Golkar Party, the National Mandate Party (PAN) and the Democratic Party. All four parties support the ratification of the new Criminal Code and the second revision of the ITE Law. Meanwhile, regarding the Job Creation Law, only the Democratic Party rejected the ratification of the regulation.
Aburizal Bakrie, who is the Chairman of the Golkar Party's Board of Trustees, is the owner of the Viva Group media business. In the 2014 elections, Aburizal's media network became the mouthpiece of its owner's interests to support Prabowo Subianto and then support Jokowi in the 2019 elections.
The pair of Ganjar Pranowo and Mahfud MD also only mentioned one point in their vision-mission document related to press freedom, which reads: Ensure a free, mobile and dignified press by ensuring regulations are not used to limit press freedom. Improve social media literacy and encourage clean and responsible social media activities.
The pair is supported by PDIP, PPP, Perindo and Hanura Party. Of the four parties, only PDIP and PPP won seats in parliament in 2019-2024. Both parties supported the ratification of the new Criminal Code, the Job Creation Law and the second revision of the ITE Law.
In this pairing, Perindo Party founder and Chairman Hary Tanoesodibjoe is the owner of the MNC Group business empire. Similar to previous media owners, Hary used his media network for his political interests to support Prabowo Subianto in the 2014 election and Jokowi in the 2019 election.
Recommendations
Based on this background, the Coalition provides recommendations for presidential and vice presidential candidates elected in the 2024 elections to guarantee press freedom in the digital era, among others by:
- Aspects of Freedom of Expression and Right to Information
Given that freedom of the press is dependent on guarantees of freedom of expression and the public's right to information, it is important to recognize that the freedom of the press is dependent on guarantees of freedom of expression and the right to information:
- Review and revoke all regulations that can inhibit freedom of expression, namely the right of everyone to seek, obtain, disseminate information, and express their opinions.
- Ensure that all public bodies implement the Public Information Disclosure Law.
- Ensure the public and journalists can access public documents for free, easily and quickly.
- Media Sustainability Aspect
- Regulatory and funding support that encourages the sustainability of media businesses that are more fair, transparent, and support quality journalism whether involving social media platforms, public funds, or other forms of business models.
- Protect the media sector from the impacts of economic crises and economic policies that can significantly affect the media while maintaining the principles of independence and quality journalism.
- Journalist Safety Aspects
Establishing a national mechanism for the protection of journalists includes:
- Preventive: (1) Review all national and regional legislation or regulations that may hinder the press with a commitment to seek measures to ensure press freedom, by involving the independent press community, including opening Papua to foreign journalists; (2) Make the right of reply, right of correction and dispute resolution to the Press Council a key law in any legislation and regulations relating to the media or information sector.
- Protection: (1) Establish effective and gender-perspective mechanisms and cooperation to evacuate/relocate, safe houses, home security for journalists and their families who are victims of violence; (2) Provide safety funds, legal aid, medical support and psychosocial recovery support that are easily accessible and transparent.
- Prosecution: (1) Train judges, prosecutors, police and relevant authorities on their obligations under human rights law, on the role of journalists and democratic societies as well as gender-specific issues related to the safety of journalists; (2) Establish investigative units within the police and specialized teams within the prosecution to deal with serious crimes against journalists and the media, as well as cases involving police or prominent state/public actors.
- Promotion: (1) Campaigns and socialization on the importance of protection for journalists and independent media, the Press Law, and press dispute mechanisms; (2) Safety of journalists, including gender-specific issues in journalism training or education programs, and expanding media and information literacy initiatives.
- Aspects of Journalists' Economic Security
- Repeal the Job Creation Law that weakens the welfare of workers including journalists.
- Support regulations to establish journalists' wages as sectoral wages in all provinces and require media companies to provide welfare and social protection.
- Ensure the protection of the growth of media workers' and journalists' unions both within the company and across companies.
- Establish an effective oversight mechanism to monitor that media companies fulfill their obligations and media workers receive their normative rights.
- Media Concentration and transparency aspects
- Regulatory support to limit media ownership by politicians, as well as prevent monopoly of ownership by certain people/groups with effective monitoring mechanisms by independent institutions such as KPI and the Press Council.
- Regulatory support to encourage transparency of media ownership and transparency of advertising sources obtained by the media.
Jakarta, February 12, 2024
Press and Election Advocacy Coalition: Alliance of Independent Journalists, LBH Pers, Southeast Asia Freedom of Expression Network (SAFEnet), IJTI, HRWG, Tifa Foundation, Perludem, PPMN, SEJUK, AMSI, FPMJ