The press needs to not be afraid of the draft KUHP bill. With the harmonization and synchronization (of Law No. 40/1999 on the Press and the draft KUHP bill), journalists need not be worried.Jakarta (ANTARA) - The draft Penal Code (KUHP) bill will not threaten the freedom of the press once it is passed into law, a lawmaker has said.
"The press needs to not be afraid of the draft KUHP bill. With the harmonization and synchronization (of Law No. 40/1999 on the Press and the draft KUHP bill), journalists need not be worried," member of Commission III of the House of Representatives (DPR), Benny K. Harman, said at a Legislation Forum discussion.
The discussion themed “Draft of KUHP Bill and Threat to Freedom of the Press” was held at the DPR Building here on Tuesday.
As lex specialis, the Press Law has higher status than the law which functions as lex generalis, he said.
Once it is passed into law, the draft KUHP bill will not annul the provisions of the Press Law, he added.
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"Therefore, during the harmonization process, provisions in the Press Law can be incorporated into the draft KUHP bill so as not to cause suspicion," he said.
In fact, the draft KUHP bill protects the freedom of the press. To provide a deterrent effect, the draft KUHP bill prescribes sanctions for anyone found abusing the freedom of the press, he informed.
Hence, it requires the press to convey information based on sources of information from authorized parties, he said.
“So, the press must make sure that the information is based on the sources of information from authorized parties. If it does not come from authorized parties, it will be categorized as hoax news," he added.
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The House’s Commission III is seeking concrete inputs related to the draft KUHP bill that the Law and Human Rights Ministry has submitted to the DPR, he said.
Meanwhile, chief of data, study, and press ratification at the Press Council, Ninik Rahayu, said that nine articles in the draft KUHP bill have the potential to suppress the freedom of the press.
"Nine articles have the potential to reduce and even eliminate the freedom of the press, as mandated by the Press Law and Article 27 of the 1945 Constitution," she said.
The nine articles include Article 188 pertaining to crime against state ideology, and Articles 218–220 pertaining to crime against the honor and dignity of the president and vice president. The articles were scrapped through a Constitutional Court decision in 2006.
The other articles are Articles 240–241 pertaining to humiliation against the government, Article 248 pertaining to provocation against authority, Articles 263–264 concerning crimes related to the dissemination of hoax news, and Articles 302–304 pertaining to crime against religion and faith.
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Translator: Imam Budilaksono, Suharto
Editor: Fardah Assegaf
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