scholarly journals PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

2021 ◽  
Vol 6 (2) ◽  
pp. 353-361
Author(s):  
Haresti Asysy Amrihani ◽  
Rajab Ritonga

Freedom of the press regulations are adhered to by various countries, including Indonesia and Sweden. Every nation wants their country to be free, and uphold freedom of expression and human rights. Sweden is the first country to regulate freedom of expression by enacting Freedom of the Press Act in 1766, while Indonesia has so far implemented Law No. 40 of 1999 on the Press. This article highlights how freedom of the press is implemented in Indonesia so that its index of democracy and freedom of the press is equal to that of Sweden.  This research applies a literature study method and uses secondary data from various books, journals and legislations. The researcher concludes that some groups encourage the revision of Law No. 40 of 1999 with certain conditions, while others are opposed to it. The other groups stated that the law is lex specialis derogate legi geneari and is used in case of press dispute so that journalists can no longer be imprisoned due to their profession.


2019 ◽  
Vol 02 (04) ◽  
pp. 1950024
Author(s):  
James M. Dorsey

Underlying global efforts to counter fake news, psychological warfare and manipulation of public opinion is a far more fundamental battle: the global campaign by civilizationalists, illiberals, autocrats and authoritarians to create a new world media order that would reject freedom of the press and reduce the fourth estate to scribes and propaganda outlets. The effort appears to have no limits. Its methods range from seeking to reshape international standards defining freedom of expression and the media; the launch and/or strengthening of government-controlled global, regional, national and local media in markets around the world; government acquisition of stakes in privately-owned media; advertising in independent media dependent on advertising revenue; funding of think-tanks; demonization; coercion; repression; and even assassination. The effort to create a new media world order is closely linked to attempts to a battle between liberals and non-liberals over concepts of human rights, the roll-out of massive Chinese surveillance systems in China and beyond and a contest between the United States and China for dominance of the future of technology. The stakes in these multiple battles could not be higher. They range from basic human and minority rights to issues of transparency, accountability and privacy, human rights, the role of the fourth estate as an independent check on power, freedom of expression and safeguards for human and physical dignity. The battles are being waged in an environment in which a critical mass of world leaders appears to have an unspoken consensus on the principles of governance that should shape a new world order. Men like Xi Jinping, Vladimir Putin, Recep Tayyip Erdoğan, Victor Orbán, Benjamin Netanyahu, Mohammed bin Salman, Mohammed bin Zayed, Narendra Modi, Rodrigo Duterte, Jair Bolsonaro, Win Myint and Donald J. Trump have all to varying degrees diluted the concepts of human rights and undermined freedom of the press. If anything, it is this tacit understanding among the world’s foremost leaders that in shaping a new world order constitutes the greatest threat to liberal values.


Author(s):  
Audrey Fino ◽  
Sandra Sahyouni

Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.


Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96


Author(s):  
Rhona K. M. Smith

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.


Author(s):  
Rhona K. M. Smith

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.


2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.


2021 ◽  
Author(s):  
Ružica Kijevčanin ◽  

In this paper, the author starts from the thesis that freedom of expression, which is best reflected in freedom of the press, as the central public media of the time, was a clear indicator of the level of development of the newly created Yugoslav society. The press in the Kingdom of Serbs, Croats and Slovenes was a clear example of existing social antagonisms. Although the Vidovdan Constitution paid attention to this fundamental human freedom, classifying it as a political right of citizens, the manner of its regulation and practical application indicated limitations, immaturity and unwillingness of society to face its own weaknesses, ie the weaknesses of the ruling establishment, but also all important political factors. According to the letter of the constitution, freedom of the press is guaranteed, but with restrictions. These restrictions, such as the possibility of introducing censorship in cases provided by law, clearly raised the question of whether the existence of freedom of expression could be discussed at all in this period. The enjoyment of freedom of the press was concretized by a later law which found a foothold in the Constitution. Historical facts most faithfully reflect the situation in this area, but also the importance of the issue, through reflection on everyday political, cultural, educational, economic and social relations. After 100 years, the violation of freedom of the press is referred to as a violation of media freedom, which means that restrictions and violations of the rules have not been eradicated, but only shaped into new terminology, ie a new appearance.


Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 216
Author(s):  
Vidya Prahassacitta

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 


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