D

espite guarantees from the Constitution, press freedom in Indonesia may be suppressed on the back of articles in the amendment to the Criminal Code (KUHP) designed to prevent contempt of court.

These articles could see people and journalists sent to prison for insulting judges and the courts, or generating false news related to courts and judges.

House of Representatives Commission III overseeing legal affairs, human rights and security is set to approve the government’s proposal to charge those deemed to be in contempt of court in the KUHP revision that is currently under deliberation.

Two proposed articles in the bill stipulate that those who insult or attack the integrity and independence of judges can be charged and face up five years in prison or a maximum fine of Rp 300 million (US$22,144). Another point in the article also stipulates that those who publish anything that could influence or affect a judge’s independence can be imprisoned for five years or fined Rp 300 million.

Under the bill, the press, or people in general, will be barred from commenting on a court’s verdict that they deem unfair, because there are not yet clear guidelines about what constitutes “insulting judges” or “attacking judges’ integrity”.

“For example, if the press publishes something without evidence accusing a judge of taking a bribe after ruling that someone is guilty or not-guilty, the media can be charged with this article,” said lawmaker Benny K. Harman of the Democratic Party on Monday.

Moreover, the bill prohibits news and television programs from showing opinions from influential sources regarding cases that are still ongoing as the government thinks this might unsettle the independence of judges.

Despite agreeing that it might restrict freedom of expression, Benny said the commission would agree with the proposal and proceed with the bill “to protect the integrity of judges”.

However, the commission has warned the government to develop a clearer explanation of the controversial articles.

“We have to make it clear so that it won’t frighten the public and restrict freedom of information,” he added.

The government insists that the articles are needed to avoid a trial by the press.

“It’s wrong if the press insults judges and publishes information that points to whether a person is wrong, because the press can play public opinion,” said Muladi, a former law and human rights minister who is serving as the government’s representative in the deliberation of the bill.

“I predict that the press will criticize us. But I must emphasize that what we are protecting is a fair trial and the independence of judges, not the judges individually,” he added.

Some other articles may also put press freedom in jeopardy. Another article in the bill could imprison people for up to two years for spreading lies or fake news that could in turn generate unrest in the country.

Asep Komarudin from the Legal Aid Institute for the Press (LBH Pers) lambasted the articles, arguing that the specific regulations regarding contempt of court were not needed because in Indonesia’s judicial system, the judges have full authority in a case tried in court.

The regulation would give more power to the judges and as a consequence, the judges would be free from any institutional or party control.

“And the articles are quite dangerous because they have the potential to violate press freedom and human rights,” he said, adding that all matters regarding the press could be managed by the Press Council.