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

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.

Indonesian and Malaysian Press Policy: Pre and Post-Independence

Indonesia and Malaysia are the two countries that come from a family of the Malay Archipelago. These two countries were born after a different colonial occupation namely the Netherlands and the United Kingdom. However, each country has a different press system and policy. This study aims to look at the main objectives of Indonesian and Malaysian press policy trough critical reviews of secondary data obtained from library research based on categories in two stages of newspaper development in pre and post-independence. This study found that, in Indonesia, in the pre-independence era, the main objectives of Indonesian press policy were to control security and public order, and abuse of the press, during the Japanese occupation as Preventive censorship, and Propaganda. In the Post-Independence, the main objectives policy of the press namely as Freedom of Press, support 'political manifesto' and Implementing the "Pancasila Press System". Meanwhile, In Malaysia, in the pre-independence era, the main objective of the policy press was as controlling the press as a medium of internal racial conflict among the Chinese in Singapore and Kuala Lumpur due to differences of support for the Chinese monarchy since 1911, and propaganda machinery. In Post-Independence, the main objective of the press is to control and maintain the political stability of the country and prevent racial riots due to political and economic crisis. This study concludes that the main objectives of the Indonesian and Malaysian Press Policy are made in accordance with the direction of the system and political policies of the ruling regime.

Larangan Pengunggahan Konten Terkait FPI: Tinjauan Perspektif Hak Asasi Manusia di Indonesia

The release of decisions with Home Ministers, Ministers of Law and Human Rights, Ministers of Communications and Informatics, Attorney General, The Police Chief of the Republic of Indonesia (Kapolri) and the Head of the National Body of Counter-Terrorism has been the basis for the dissolution and banning of all activities of the Islamic Defenders Front (FPI). Following up on this, it issued a declaration of Maklumat Kapolri No. 1/Mak/I/2021 on compliance with the ban on activities, the use of symbols and attributes and the application of fpi activities. Articel 2d of the maklumat forbidding access, uploading, and disseminating content related to FPI via the Internet is considered to have limited human rights. The study aims to see if there are any infractions and irregularities within the human rights code of the FPI content in the declaration. As for the research method used was normative juridical with a legal and conceptual approach. The source of data used is legislation on human rights, books, articles, and other sources related to the study. It was found in the study that article 2d of the maklumat went beyond the human rights code based on the principles of siracusa and the testing of three sets (three part test). Not only that, article 2d of the maklumat also threatens the freedom of press from journalists and the media in charge of spreading information to the public. The advice of the author regarding this matter should be the chief of police to update the declaration according to the purpose and purpose of the declaration issued, or at least revoke article 2d of the maklumat that feels has restricted the special human rights of free expression. This is so that the entire legal action in this country is consistent with the principles of the state of law and human rights.Keywords: human rights, freedom of expression, freedom of pers

„Zarządzanie słowem” przez media prasowe w procesie dążenia do poznania i przedstawienia prawdy

“Word Management” by the Press Media in the Process of Seeking to Know and Present the Truth The importance of the press in a democratic state is beyond doubt. This requires that freedom of press expression be guaranteed. However, this is not an absolute freedom and is subject to restric­tions. In particular, the journalist must remember that “The press is under an obligation to truly present the discussed phenomena” (Article 6 par. 1 of the Press Law). However, understanding this principle too literally may raise reasonable doubts. The result of a journalist’s cognitive conduct – even with the utmost care – may turn out to be untrue. It would therefore be unreasonable to hold a journalist accountable according to an absolute criterion of the veracity of the facts. It is therefore appropriate to consider the regulation referred to here as a directional standard, the performance of which should be assessed particularly carefully in the context of the implementation of the statuto­ry obligations imposed on the press (journalist).

Resilience against counterterrorism?

This article examines how repression is being wielded by the Russian Federation in Crimea against Muslim Tatar communities under the guise of countering terrorism and violent extremism, and how non-violent resistance and grassroots resilience is being fostered as a means of countering securitisation. The case demonstrates how language developed within a Western security context are co-opted by authoritarian actors, how Islamic activist groups engage in activities that can be framed as ‘resilience-building’ through the language of human rights, freedom of press and democracy, and the issues raised by applying the term ‘resilience’ within a counterterrorism context—both in illiberal and liberal settings. The article finds that techniques comparable to concepts of resilience-building are being conducted in an illiberal setting by communities in response to, and as a counter against highly repressive articulations of counterterrorism. It also suggests that the term ‘resilience’ is problematic in this context, failing to adequately account for—and often actively obscuring—organisational activism of communities and their interaction with the political context. This offers an understanding of community-led responses against counterterrorism and counter-extremism as a tool of repression as well as examining the credibility of terms such as ‘resilience’ within CVE in Crimea and elsewhere.

Constitutional Interpretation by the Judiciary

This chapter traces the trajectory of ideas that emanated from the judiciary since the early 1950s. The ideational movement within the judiciary coincides with the first two phases. This chapter discusses significant judicial cases in which the Supreme Court has interpreted Article 19 (1) (a) of the Constitution of India as inherently containing the right to know. Initially ideas on openness from the judiciary emerged in a nascent form where the judicial verdicts established the linkage between the freedom of press and the importance of information flow and dissemination in a democracy. Later, the judiciary moved beyond the specifics of the press freedom and examined the question of openness in government affairs, challenging the nested norm of secrecy. This interpretation provides the link to the long-drawn process of emerging ideas on openness emanating from within the state.

Karlsruhe: From Scholarship to Practice

In 1987 Dieter Grimm was elected justice of the Federal Constitutional Court of Germany. The chapter describes the background of the election, the moving from Bielefeld to Karlsruhe (the residence of the Court), the subject matters for which he became responsible as judge rapporteur (esp. freedom of speech, freedom of press, freedom of radio and TV, freedom of association), the additional subject matters he acquired over time (esp. privacy, data protection), criticism of the Court’s jurisprudence in these fields, his very influential and widely discussed separate opinion in the case “Riding in the Forest.”

Freedom of the Press and Equity Returns: Empirical Investigation in Emerging Markets

This article studies the relationship between freedom of press and equity returns in emerging markets. While research has shown that asymmetric information is one reason for high volatility and one type of risk in financial markets, the role of press in reducing that risk has not yet been studied thoroughly. The article attempts to bridge that gap and investigates how a free and unbiased press affects excess returns in stock market. Using the International Capital Asset Pricing Model (ICAPM), Fama-MacBeth’s methodology, and dataset from16 emerging economies from 1986 to 2000, this research is able to show that cross-country excess returns are significantly related to the degree of press freedom.