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Supreme Court retracts ban on recording trials amid mounting protest
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Supreme Court building in Jakarta (kompas.com/Dhoni Setiawan)
T
he Supreme Court has retracted its prohibition on taking photographs of or recording courtroom proceedings without a special permit after mounting protest from activists and media groups that fear such a ban would reduce transparency.
The prohibition was included in a circular issued by the Supreme Court on courtroom rules of conduct and signed by Supreme Court director general of general courts Prim Haryadi on Feb. 7. The circular stipulated that taking photos and making sound or video recordings during trials required prior approved from the heads of local courts. The ban, according to the Supreme Court, was designed to differentiate journalists from public attendees in an effort to ensure court hearings proceeded smoothly and without disruption.
Supreme Court spokesman Justice Andi Samsan Nganro said on Friday that Chief Justice Muhammad Hatta Ali had ordered Prim to revoke the ban.
Fajri Nursyamsi from the Indonesian Center for Law and Policy Studies (PSHK) said the recent ban clearly contradicted the principle of open justice, citing that the courtroom should be open, except for certain cases.
"Of course, any action that interferes with trials must be avoided, but taking photos and videos does not disturb trial proceedings."
Indonesia is among the few countries that allow journalists and court observers to take pictures as well as audio and video recording of open trials. According to prevailing laws, trials should be open for the public except for cases of indecency, crimes involving children as well as divorce trials.
In February 2017, for example, the panel of judges permitted live television coverage of the blasphemy trial of then-Jakarta governor Basuki “Ahok” Tjahaja Purnama, but not during the hearing of witness testimony.
