T

he draft of an anticriminalization regulation, which includes a ban on law enforcement institutions disclosing information on graft case progress to the media, contradicts the Press Law that protects the public'€™s right to information, journalists say.

According to National Police chief Gen. Badrodin Haiti, the new regulation, which is currently being processed by the Law and Human Rights Ministry, would prohibit law enforcement institutions, including the police, from briefing the media on the progress of their investigations until a suspect is named.

This also means that law enforcers could not announce names of people undergoing questioning or allegedly involved in a case until they were named suspects.

'€œThe planned regulation will hamper corruption eradication efforts in general and obstruct journalists'€™ work in disseminating public information on law enforcement processes,'€ Alliance of Independent Journalists (AJI) head Suwarjono told The Jakarta Post on Wednesday.

He said that the new regulation contradicted the Press Law, which protects the media'€™s right to find and obtain public information.

Article 18 of the law states a maximum of two years'€™ imprisonment or Rp 500 million (US$34,188) in fines for anyone hampering the press in news gathering.

Suwarjono also said that the government did not need to worry about disclosing the names of anyone allegedly involved in a case because '€œsuspect'€ and '€œalleged'€ were two different things; officials need not be afraid of '€œalleged'€ status if they are innocent.

'€œJournalism'€™s basic principles also tell us to always cover both sides. When one is named '€˜alleged'€™ we always have to ask his or her view about it and let the public judge for themselves,'€ he added.

Indonesia Corruption Watch (ICW) researcher Ade Irawan said the new regulation would significantly discourage the fight against graft.

'€œMedia is the fourth pillar in democracy to ensure clean governance. If the process is closed to the public, there will be higher chances of '€˜back dealings'€™ between law enforcers and public officials to free people from suspect status,'€ Ade told the Post.

Instead of a new regulation, public officials could avoid criminalization by consulting with the Corruption Eradication Commission (KPK) or Supreme Audit Agency (BPK) prior to making policies or disbursing funds, he said.

'€œThere are many ways to avoid criminalization. The government could also accommodate complaints from officials alleged to be or named a suspect in a case by using the existing Presidential Working Unit for the Supervision and Management of Development [UKP4],'€ he added.

'€œBasically there is no need for such a regulation because the government could from the outset avoid criminalization by increasing the quality of public officials as well as clean law enforcers,'€ Ade said.

The government aims to launch the regulation in early October. (rbk)