The Director General for Post and Informatics Management of the Ministry of Communication and Informatics Ahmad M. Ramli giving a statement in the judicial review hearing of LawNo. 32 of 2002 on Broadcasting, Wednesday (26/8) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
JAKARTA, Public Relations of the Constitutional Court—The judicial review of Law No. 32 of 2002 on Broadcasting was held by the Constitutional Court (MK) on Wednesday, August 26, 2020 at 09:00 WIB to hear the statements of the House and the Government. The House was absent from the hearing.
The Director General for Post and Informatics Management of the Ministry of Communication and Informatics Ahmad M. Ramli gave a statement on behalf of the Government. "The Petitioners’ petition doesn’t actually request an interpretation of the words and or phrases of Article 1 point 2 of the Broadcasting Law that are deemed unclear, but the addition of the definition of broadcasting in Article 1 point 2 of the Broadcasting Law,” he said virtually before the Court led by Chief Justice Anwar Usman.
The Government was of the opinion that the addition of a new norm in the a quo provision in the petitum would result in new legal subject and object in broadcasting. The provision of Article 1 point 2 of the Broadcasting Law stipulates a definition, which is used in the Broadcasting Law and its implementing regulations. Therefore, Ahmad said that the requested addition would change the structure and meaning of the entire Broadcasting Law and its implementing regulations.
The Government was of the view that the petition is not in accordance with the Constitutional Court’s requirements positive legislature. The Petitioners’ petitum is aimed at amending the Broadcasting Law by adding a new norm and circumventing the legal political mechanism between legislators: the DPR (House) and the Government. Based on the Constitutional Court Decision No. 48/PUU-IX/2011 and according to Martitah in his book "The Constitutional Court from Negative Legislature to Positive Legislature?" there must be reasons for the Constitutional Court to make a positive legislature decision. He appealed to the Court to reject or dismiss the petition.
The Government was of the view that it would create a misconception if regulations are made uniform for all media types just because they convey the same information. The philosophical basis for the creation of the Broadcasting Law was to maintain national integration, plurality, and regional autonomy. "Broadcasters must be responsible for maintaining morals, culture, characteristics, and unity of the nation based on One Almighty God and just and civilized humanity," Ahmad said.
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The Petitioners of case No. 39/PUU-XVIII/2020 are PT Visi Citra Mitra Mulia (Inews TV), represented by executive director David Fernando Audy and director Rafael Utomo (Petitioner I), as well as PT Rajawali Citra Televisi Indonesia (RCTI), represented by directors Jarod Suwahjo and Dini Aryanti Putri (Petitioner II). Their legal team is Taufik Akbar and peers. They requested a material review of Article 1 number 2 of the Broadcasting Law, "Broadcasting means an activity of broadcasting through a transmitter and/or transmission facilities on land, in the sea, or in space by using radio frequency spectrum through air, cable, and/or other media to be received simultaneously and synchronously by the public with a broadcast receiver."
They argued that the provision of Article 1 number 2 of the Broadcasting Law has caused constitutional damage for them because it has led to unequal treatment between the Petitioners as conventional broadcasters using radio frequency and broadcasters using the internet such as over-the-top (OTT) services. (*)
Penulis: Nano Tresna Arfana
Editor: Lulu Anjarsari
Humas: Andhini S. F.
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 8/27/2020 16:50 WIB
Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.