Obstructing the Duty of Journalists (Can) Get Criminal Sanctions and Fines of Rp. 500 Million

By : SUKRI.

(Chairman of the DPC Association of Indonesian Democratic Journalists in Pandeglang Regency and Editor of Harianexpose.com)

To guarantee the existence of Press Freedom and to fulfill the public’s right to obtain correct and valid information, a journalist needs a moral and professional ethical foundation as operational guidelines in maintaining public trust and upholding integrity and professionalism.

On the basis of the principles and foundations above, a journalist in carrying out his journalistic duties must be submissive and obedient and always obey the Journalistic Code of Ethics (KEJ) as a guideline for the ethical order in carrying out his professional duties. .Thus, it means that a journalist in carrying out his functions and duties has an ethical and moral attachment so as not to deviate from the guidelines set forth in the KEJ and is relevant to Law No. 40 of 1999 concerning the Press as a regulation that regulates the journalist professionin carrying out their roles and functions.In carrying out their duties and functions, in principle, journalists must be independent and should not be interfered with by any party. So that the news he writes will always be accurate, critical and avoid the intervention of other parties. .A journalist must be able to maintain his dignity in carrying out the functions and duties of journalism when carrying out certain reports in the field.

Therefore, to produce news that is accurate and balanced (cover both sides) and does not have bad intentions, a journalist must always use professional and proportional methods in carrying out journalistic duties. .journalists should also always test information to keep it accurate. In addition, reporting cover both sides and not mixing up judgmental facts and personal opinions, and applying the principle of the presumption of innocence. .The reason is that a person is not necessarily guilty before an inkrah decision is made by the court. So that the principle of the presumption of innocence must always be put forward by journalists in order to avoid press offenses and stay away from one’s privacy rights.

Journalists must also provide space and opportunity for resource persons who feel that their names have been tarnished due to reporting that is not done cover both sides. Despite the news, a negative public image of the readers has been formed. .However, KEJ as the order and basis for journalistic ethics and morals in carrying out their journalistic duties requires the provision of the Right of Response to someone who feels aggrieved by the news.

If the Right of Answer space is not fulfilled by journalists or editors, then the party who feels aggrieved can make a summons to the Press Council and file a lawsuit to the court in accordance with the principles and ethical and moral foundations contained in the KEJ and Law Number 40 .1999 concerning the Press.If the right of responsibility is not fulfilled and the party who feels aggrieved takes a lawsuit to the court, the journalist who wrote the news must be responsible before the law and not the editor-in-chief. So far, journalists who are prisoners at the court because they are exposed to press offenses need legal assistance or bring in experts in the press. So that a journalist must have a press organization for legal protection in court. .The media organization of the press in question is as a place of refuge for journalists when experiencing problems due to reporting and tripping over press offenses. Meanwhile, the press organization as a shelter must be a credible press institution and has been registered with the Press Council.

According to the online media joernalinvestigasi21.com, recently, one of the journalists of Globalexpostv in Pandeglang Regency, Banten, in carrying out his journalistic duties, received disgraceful treatment, which was carried out by the unscrupulous Head of Simpang Tiga Village, Patia District, Regency.Pandeglang.The village head person tried to intimidate and challenge one of the globalexposetv journalists to a fight. In this case, every government agency, the moral and ethical foundation in running the wheels of government, in principle must be maintained and maintained. .so that conduciveness is always well maintained. If the norms of this rule are always maintained and maintained properly, it is impossible for miscommunication between the two parties to occur. .It is known that journalists in carrying out their journalistic duties must always prioritize the presumption of innocence.

However, the actions of the head of the Simpang Tiga village, Patia sub-district, Pandeglang regency, which hinder a journalist’s duties while reporting, can be subject to criminal sanctions. “Nobody should get in the way of a journalist’s job. .because the national press has the right to seek, obtain and disseminate ideas and information.

This is in accordance with Article 18 paragraph (1) of Law No. 40 of 1999 concerning the Press which states that any person who unlawfully intentionally takes an action that results in obstructing or hindering the implementation of the provisions of Article 4 paragraph (2), and paragraph ( 3), will be punished with a criminal.imprisonment for a maximum of 2 (two) years or a fine of a maximum of Rp. 500,000,000.00 (five hundred million rupiah). **

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