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KUHAP revision: Why courtroom live streams need rules

Regulating the live broadcast of ongoing trial sessions is not equivalent to restricting journalistic work.

Sita Dewi (The Jakarta Post)
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Canberra
Mon, April 28, 2025 Published on Apr. 27, 2025 Published on 2025-04-27T14:50:49+07:00

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KUHAP revision: Why courtroom live streams need rules Mario Dandy, the defendant in an aggravated assault case against 17-year-old David Ozora, exits the courtroom after the verdict hearing against him at the South Jakarta District Court on Sept. 7, 2023. Judges sentenced him to 12 years in prison and a Rp 25.14 billion restitution for assaulting and inflicting severe injuries against David. (Antara/Indrianto Eko Suwarso)

T

he House of Representatives is currently deliberating revisions to the Criminal Procedure Code (KUHAP), which outlines the legal process from pre-trial motions to appeals. Among the new provisions proposed in the draft bill is Article 253 section 3, which stipulates that no participant in an ongoing trial may publish real-time updates of the proceedings without prior approval from the court.

Many interpret this article as targeting the press, effectively restricting the media's ability to report or broadcast trial sessions live as they unfold.

Live reporting from inside courtrooms has long been a common practice in Indonesia, particularly among broadcast media. This is especially true during high-profile trials, such as the 2009 murder trial of former Corruption Eradication Commission (KPK) head Antasari Azhar, the 2016 "cyanide coffee" trial of Jessica Wongso and the 2017 blasphemy trial of former Jakarta Governor Basuki “Ahok” Tjahaja Purnama.

During the hearings on the draft bill, opposing views were presented.

Veteran lawyer Juniver Girsang, who was involved in the Antasari Azhar trial, spoke in support of the proposed article. He argued that live broadcasts could influence the testimonies of witnesses who might be exposed to others’ statements during the trial. This, he claimed, could compromise the integrity of the proceedings, as witnesses may alter their accounts after viewing live coverage.

On the other hand, a representative of the Indonesia Alliance of Independent Journalists (AJI Indonesia), opposed the article, stating that it contradicts the 1999 Press Law, which guarantees press freedom, including the protection of journalistic work from censorship or undue restrictions. He countered the earlier argument by noting that the court could just restrict access to trial sessions involving witness testimonies.

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In a post on its official Instagram account, AJI Indonesia noted that during informal discussions, Commission III chair Habiburokhman had promised to remove the article from the draft bill.

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