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  1. LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 YEAR 2002 REGARDING BROADCASTING 
  2. EXPLANATION ON THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 YEAR 2002 REGARDING BROADCASTING 
  3. THE NATIONAL LAW OF THE REPUBLIC OF INDONESIA NUMBER 40 YEAR 1999 ON THE PRESS
  4. ELUCIDATION ON THE NATIONAL LAW OF THE REPUBLIC OF INDONESIA NUMBER 40 YEAR 1999 ON THE PRESS 
 
 
 
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 32 YEAR 2002

REGARDING
BROADCASTING
 
BY THE GRACE OF
GOD THE ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
 
Considering:
a.      That freedom to express one’s opinion and to obtain information through broadcasting as the manifestation of human rights in society, nation, and State life, is carried out responsibly, harmoniously and on balance between freedom and equality in using the rights based on Pancasila and the 1945 Constitution;
b.      That radio frequency spectrum is a limited natural resource and a national asset that must be kept and protected by the State and be used for the most of people’s welfare in accordance to the objectives of the August 17,1945 Proclamation;
c.      That to maintain national integration, diversity of the people of Indonesia as well as the implementation of regional autonomy, a national broadcasting system needs to be set up that guarantees the attainment of national information system that is fair, even, and balanced in order to achieve social justice for all the people of Indonesia;
d.      That broadcasting institutions are mass communication media that have important roles in social, cultural, political, and economical life, have freedom and responsibilities in carrying out their functions as media of information, education, entertainment, as well as social control and bond;
e.      That a broadcast that is transmitted and received at the same time, simultaneously and free, has significant influence in making people’s opinion, attitude, and behavior, therefore broadcasting organizations are obliged to be responsible in maintaining moral values, ethics, culture, personality, and national unity based on the principals of The One and Only One God and Fair and Civilized Humanity;
f.        That based on the considerations as mentioned in letter a, b, c, d, and e, Law Number 24 Year 1997 regarding Broadcasting is viewed as no longer suitable, therefore needs to be retracted and changed with a new law.
 
In view of:
1.      Article 20 clause (1), (2), and clause (4), Article 21 clause (1), Article 28F, Article 31 clause (1), Article 32, Article 33 clause (3), and Article 36 of 1945 Constitution as changed with The Fourth Amendment To The 1945 Constitution;
2.      Law Number 8/1992 regarding Film (State Gazette of Republic of Indonesia No. 32/1992, Supplement to State Gazette of Republic of Indonesia No. 3473);
3.      Law Number 5/1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (State Gazette of Republic of Indonesia No. 33/1999, Supplement to State Gazette of Republic of Indonesia No. 3817);
4.      Law Number 8/1999 regarding Consumers Protection (State Gazette of Republic of Indonesia No. 42/1999, Supplement to State Gazette of Republic of Indonesia No. 3821);
5.      Law Number 22/1999 regarding Regional Government (State Gazette of Republic of Indonesia No. 60/1999, Supplement to State Gazette of Republic of Indonesia No. 3839);
6.      Law Number 36/1999 regarding Telecommunications (State Gazette of Republic of Indonesia No. 154/1999, Supplement to State Gazette of Republic of Indonesia No. 3881);
7.      Law Number 39/1999 regarding Human Rights (State Gazette of Republic of Indonesia No. 165/1999, Supplement to State Gazette No. 3886);
8.      Law Number 40/1999 regarding Press (State Gazette of Republic of Indonesia No. 166/1999, Supplement to State Gazette of Republic of Indonesia No. 3887);
9.      Law Number 19/2002 regarding Copyrights (State Gazette of Republic of Indonesia No. 85/2002, Supplement to State Gazette of Republic of Indonesia No. 4220);
 
With the mutual consent of
THE HOUSE OF REPRESENTATIVES
OF THE REPUBLIC OF INDONESIA
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
 
HAS DECIDED:
To enact: LAW CONCERNING BROADCASTING
 
 
CHAPTER I
GENERAL PROVISIONS
Article 1
Meant in this Act by:
1.      Broadcast is a message or series of messages in the form of audio, visual, or audio and visual or that in the form of graphics, characters, both interactive as well as non-interactive, that is receivable through broadcast receiver apparatus.
2.      Broadcasting is the activity of transmitting broadcast through transmission facilities and/or transmitter tools on land, at sea or in space by using radio frequency spectrum through the air, cable, and/or other media in order to be received at the same time and simultaneously by the public through broadcast receiver apparatus.
3.      Radio broadcasting is an audio mass communication media that channels ideas and information in the form of audio publicly and openly, as systematic and continuous programs.
4.      Television broadcasting is an audiovisual mass communication media that channels ideas and information in the form of audio and visual publicly, both openly as well as closed, as systematic and continuous programs.
5.      Advertising broadcast is broadcast of information that is commercial and social service on the availability of services, goods, and ideas that can be used by the public with or without recompense for the broadcasting institution concerned.
6.      Commercial broadcast is commercial advertising broadcast that is broadcasted through radio or television broadcasting with the aim to introduce, socialize, and/or promote goods or services to the targeted public to influence consumers to use the offered products.
7.      Public Service Announcement Broadcast is non-commercial advertising broadcast that is broadcasted through radio or television broadcasting with the aim to introduce, socialize, and/or promote ideas, ideals, advices, and/or other messages to the people to influence the public to do and/or behave in accordance to the message of the advertising.
8.      Radio Frequency Spectrum is the electromagnetic waves that is used for broadcasting and moves in the air and space without modified conductor facilities, is a public domain and limited natural resource.
9.      Broadcasting Institutions are broadcasting organizers, either public broadcasting institutions, private broadcasting institutions, community broadcasting institutions as well as subscribed broadcasting institutions that in carrying out their tasks, functions, and responsibilities are to be guided by the prevailing statutory regulations.
10. National Broadcasting System is the system of national broadcasting organizations based on the provisions of the prevailing statutory regulations that aims to attain the basis, objectives, functions, and direction of national broadcasting as the effort to achieve the national ideals as mentioned in Pancasila and 1945 Constitution.
11. National Information Systems that is fair, even, and balanced is the condition of information that is orderly, systematic, and harmonious especially concerning the flows of information or messages in the broadcasting between the central and the regions, inter-regions in Indonesia, and between Indonesia and the international world.
12. Government is the Minister or other officials that are appointed by the President or Governor.
13. Indonesia Broadcasting Commission is a state independent institution that is present in the central and in regions of which tasks and authorities is regulated in this Law as the manifestation of public participation in broadcasting sector.
14. Licence of Broadcasting Organization is the right granted by the State to broadcasting institutions to organize broadcasting.
 
CHAPTER II
PRINCIPALS, OBJECTIVES, FUNCTIONS, AND DIRECTION
 
Article 2
Broadcasting is organized based on Pancasila and 1945 Constitution of The Republic of Indonesia based on the principals of benefit, fair and even, legal assurance, security, diversity, partnership, ethics, independency, freedom and responsibility.
 
Article 3
Broadcasting is carried out aiming to strengthen national integrity, to foster personality and identity of a nation that is faithful to and devoted to God, to advance the intellectual life of the nation, to enhance public welfare, in the frame of developing independent, democratic, fair, and prosperous society, as well as developing Indonesian broadcasting industry.
 
Article 4
1.      Broadcasting as a mass communication activity has functions as the means of information, education, healthy entertainment, social control and bond.
2.      In carrying out the functions as mentioned in clause (1) broadcasting also has the aspects of economy and culture.
 
Article 5
Broadcasting is directed to:
a.      Highly abide by the implementation of Pancasila and 1945 Constitution;
b.      Maintain and enhance morality and religious values as well as national identity;
c.      Improve the quality of human resources;
d.      Maintain and strengthen national unity and integrity;
e.      Increase the awareness of legal obedience and national discipline;
f.        Channel public opinion and also encourage active role of society in national and regional development as well as in preserving the environment;
g.      Prevent ownership monopoly and support fair competition in broadcasting sector;
h.      Enhance the increase in the ability of people’s economy, achieve even distribution and strengthen national competitiveness in the era of globalisation;
i.         Provide information that is correct, balanced, and responsible;
j.         Enhance national culture.
 
CHAPTER III
BROADCASTING ORGANIZATION

Part One
General
 
Article 6
1.      Broadcasting is organized under one national broadcasting system.
2.      Under the national broadcasting system as mentioned in clause (1), the State controls radio frequency spectrum that is used for broadcasting organization for the most of people’s welfare.
3.      Within the system of the national broadcasting there are broadcasting institutions and fair and integrated networking pattern that is developed by setting up network stations and local stations.
4.      For broadcasting operation, a broadcasting commission is set up.
 
Part Two
Indonesian Broadcasting Commission
 
Article 7
1.      Broadcasting Commission as in Article 6 clause (4) is called Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia), shortened as KPI.
2.      KPI is a state independent institution, regulating matters on broadcasting.
3.      KPI consists of Central KPI formed at the center level and Regional KPI formed at the provincial level.
4.      In carrying out its functions, tasks, authority and duties, the House of Representatives of the Republic of Indonesia monitors the CENTRAL KPI, and Regional KPI is monitored by Provincial People’s Representative Council.
 
Article 8
1.      KPI as the manifestation of public participation functions to accommodate aspirations and represent public interests on broadcasting.
2.      In carrying out its functions as mentioned in clause (1), KPI has authorities to:
a.      Set up broadcast program standards;
b.      Compose regulations and set up code of conducts on broadcasting;
c.      Monitor the implementation of regulations and code of conducts of broadcasting as well as the broadcast program standards;
d.      Impose sanctions towards violations of broadcasting regulations and code of conducts as well as broadcast program standards; and
e.      Perform coordination and/or cooperation with the Government, broadcasting institutions, and the public.
3.      KPI has tasks and duties to:
a.      Ensure the public to get decent and correct information in accordance with human rights;
b.      Help managing the infrastructure in broadcasting sector;
c.      Help creating fair competition atmosphere among broadcasting institutions and related industries;
d.      Maintain fair, just and balanced system of information;
e.      Accommodate, investigate, and follow-up complaints, counter-statements, as well as criticisms and public appreciation toward broadcasting operation; and
f.        Plan the development of human resources that guarantees professionalism in broadcasting sector.
 
Article 9
1.      The membership of Central KPI consists of 9 (nine) persons and the Regional KPI consists of 7 (seven) persons.
2.      Chairman and vice-chairman of KPI are elected from and by members.
3.      Term of duty of chairman, vice-chairman and members of Central KPI and Regional KPI is 3 (three) years and they can be re-elected only for 1 (one) consecutive term of duty.
4.      KPI is assisted by a Secretariat funded by the state.
5.      In carrying out its tasks, KPI may be assisted by experts when necessary.
6.      The Central KPI fund comes from the State Budget and the Regional KPI fund comes from the Regional Budget.
 
Article 10
1.      To become a member of KPI, one must meet the following requirements:
a.      A citizen of the Republic of Indonesia that is devoted to the One and Only One God;
b.      Loyal to Pancasila and 1945 Constitution of the Republic of Indonesia;
c.      Holds a bachelor degree or possesses equal intellectual competence;
d.      Physically and mentally healthy;
e.      Dignified, honest, fair, and has immaculate manners;
f.        Has concerns, knowledge and/or experience in broadcasting sector;
g.      Not directly or indirectly involved in ownership of mass media;
h.      Not a member of legislative and judicative bodies;
i.         Not a government official; and
j.         non-partisan.
2.      Members of Central KPI are elected by the House of Representatives of the Republic of Indonesia and Regional KPI are elected by Provincial People’s Representative Council upon the suggestions from public through an open fit and proper test.
3.      Members of Central KPI administratively are legalized by the President upon recommendations from the House of Representatives of the Republic of Indonesia and the Governor upon the recommendations of the Provincial People’s Representative Council administratively legalizes members of Regional KPI.
4.      A member of KPI quits because of:
a.      The end of official term;
b.      Death;
c.      Resignation;
d.      Being imprisoned following a permanent court decision; or
e.      No longer qualifies for the requirements as referred to in clause (1).
 
Article 11
1.      When a member of KPI quits from their term of office due to reasons mentioned in Article 10 clause (4) point’s b, c, d, and e, they shall be substituted by substitute members until the end of their term of office.
2.      Substitution of members of Central KPI administratively is legalized by the President upon suggestion from the House of Representatives of the Republic of Indonesia and members of Regional KPI are administratively legalized by Governor upon suggestion from Provincial People’s Representative Council.
3.      Provisions regarding the procedures of substitution of members of KPI as mentioned in clause (1) shall be further regulated by KPI.
 
Article 12
Further provisions regarding diversification of authorities and tasks of KPI as referred to in Article 8, regulation of connection between Central KPI and Regional KPI, as well as substitution procedure of KPI members as referred to in Article 11 shall be decided by Central KPI Decree.
 
Part Three
Broadcasting Services
 
Article 13
1.      Broadcasting services consist of:
a.      Radio broadcasting services; and
b.      Television Broadcasting services.
2.      Broadcasting services as mentioned in clause (1) are organized by:
a.      Public Broadcasting Institutions;
b.      Private Broadcasting Institutions;
c.      Community Broadcasting Institutions; and
d.      Subscribed Broadcasting Institutions.
 
Part Four
Public Broadcasting Institutions
 
Article 14
1.      Public Broadcasting Institutions as referred to in Article 13 clause (2) point a are in the form of state founded legal entities that are independent, neutral and non-commercial, and provides services for the interest of the public.
2.      Public Broadcasting Institutions as referred to in clause (1) consist of Radio of Republic of Indonesia and Television of Republic of Indonesia, which broadcasting central station is located in the capitol of the state of Indonesian Republic.
3.      Local Public Broadcasting Institutions can be established in provincial, municipality or city levels.
4.      The supervisory board and managing directors of Public Broadcasting Institutions are established based on the provisions of the prevailing laws.
5.      The supervisory boards for Radio of Republic of Indonesia and Television of Republic of Indonesia are determined by the President upon the recommendation of the House of Representatives of the Republic of Indonesia; or by Governor or Mayor upon the recommendation of Provincial People’s Representative Council for the provincial public broadcasting institutions after they undergo an open fit and proper test upon the inputs from the government and/or public.
6.      The number of supervisory board for Radio of Republic of Indonesia and Television of Republic of Indonesia is 5 (five) persons and supervisory board for Local Public Broadcasting Institution is 3 (three) person.
7.      The managing director is appointed and determined by the supervisory board.
8.      The members of managing director and supervisory board serve for one term of 5 (five) years and can be re-elected only for 1 (one) consecutive term of duty.
9.      The central Public Broadcasting Institutions shall be supervised by the House of Representatives and the provincial Public Broadcasting Institutions shall be supervised by the Provincial People’s Representative Council.
10. Further provisions regarding Public Broadcasting Institutions is regulated by KPI together with the Government.
 
Article 15
1.      The Public Broadcasting Institutions are funded by:
a.      Broadcasting dues;
b.      The national or provincial Budget;
c.      Public donation;
d.      Commercials broadcast; and
e.      Other legal activities related to broadcasting operation;
2.      In the end of every fiscal year, the Public Broadcasting Institutions are obliged to submit financial reports audited by public accountants and announced them on the mass media.
 
Part Five
Private Broadcasting Institutions
 
Article 16
1.      Private broadcasting institutions as referred to in Article 13 clause (2) point b are broadcasting institutions in the form of commercial Indonesia legal entities with the sole activities of providing radio or television broadcasting services.
2.      Foreign citizens are not allowed to become the managers of Private Broadcasting Institutions, except in the financial and technical fields.
 
Article 17
1.      Private broadcasting institutions as referred to in Article 16 clause (1) shall be established with the initial capital wholly owned by the citizens and/or legal entity of Indonesia.
2.      Private broadcasting institutions can make reinvestment and development using foreign capital with the amount of not more than 20% (twenty percent) of the total capital and shall be owned at least by 2 (two) shareholders.
3.      Private broadcasting institutions must provide opportunities to their employees to own the company shares and earn the dividends.
 
Article 18
1.      Concentration of ownership and domination of Private Broadcasting Institution by one person or legal entity in one broadcasting area or several broadcasting areas is limited.
2.      Cross ownership between Private Broadcasting Institution that operates radio broadcasting services and Private Broadcasting Institution that operates TV broadcasting services, between Private Broadcasting Institution and printed media company, between Private Broadcasting Institution and another Private Broadcasting Institution of different type of media, directly or indirectly, is limited.
3.      Regulation on the numbers and the scopes of local, regional and national broadcast area both for radio and television broadcasting services will be arranged by KPI together with the Government.
4.      Further provisions concerning limitation on ownership and domination as referred to in clause (1) and limitation on cross ownership as referred to in clause (2) will be arranged by the KPI together with the Government.
 
Article 19
Private Broadcasting Institutions are funded by:
a.      Commercials broadcast; and/or
b.      Other legal activities related to broadcasting operation.
 
Article 20
A Private Radio Broadcasting Services and a Private TV Broadcasting Services can only operate 1 (one) program through 1 (one) channel in 1 (one) scope of broadcast area.
 
Part Six
Community Broadcasting Institutions
 
Article 21
1.      Community Broadcasting Institutions as referred to in Article 13 clause (2) point c, are broadcasting institutions in the form of Indonesia legal entities, founded by certain communities, independent, non-commercial, has low transmission power, has limited area scope, and intended to serve their community interest.
2.      The Community Broadcasting Institutions as referred to in clause (1) operate on the following bases:
a.      Non profit oriented and not a part of a profit oriented company; and
b.      To educate and teach the community to increase welfare by promoting programs in the field of culture, education and information that reflects national identity.
3.      The Community Broadcasting Institution is a non partisan community organization that:
a.      is neither a representative of a foreign organization or institution nor a member of international community;
b.      is not related to illegal organizations; and
c.      is not a tool for the propaganda of certain groups or factions.
 
 
 
Article 22
1.      A Community Broadcasting Institution is founded by the fund contributed by a certain community and belongs to the community.
2.      A Community Broadcasting Institution receives funding from donation, grants, sponsors and other legal sources with no strings attached.
 
Article 23
1.      Community Broadcasting Institutions are not allowed to receive initial fund to establish the stations and operational fund from foreign party.
2.      Community Broadcasting Institutions are not allowed to run advertisings and/or other commercials broadcast except the PSA's.
 
Article 24
1.      A Community Broadcasting Institution is obliged to develop codes of ethics and regulations that must be known widely by the community and other members of the society.
2.      In the case of the existence of grievance from the community or other members of the society on the violation of code of ethics and/or regulations, the Community Broadcasting Institution is obliged to take actions in accordance to guidelines and prevailing provisions.
 
Part Seven
Subscribed Broadcasting Institutions
 
Article 25
1.      Subscribed Broadcasting Institutions as referred to in Article 13 clause (2) point d are broadcasting institutions in the form of Indonesia legal entities that only provide subscribed broadcasting services and should first obtain license for subscribed broadcasting operation.
2.      (2) Subscribed Broadcasting Institutions as referred to in clause (1) are transmitting or distributing its broadcast material to its subscribers in particular through radio, television, multimedia, or other media of information.
 
Article 26
1.      (1) Subscribed Broadcasting Institutions as referred to in Article 25 consist of:
a.      Subscribed Broadcasting Institutions through satellites;
b.      Subscribed Broadcasting Institutions through cable; and
c.      Subscribed Broadcasting Institutions through terrestrial.
2.      (2) In operating their programs, Subscribed Broadcasting Institutions shall:
a.      Conduct internal censorship toward the entire content of the program to be broadcasted and/or distributed;
b.      Provide at least 10% (ten percent) of the channel capacity for programs from Public Broadcasting Institutions and Private Broadcasting Institutions; and
c.      Provide at least 1 (one) channel of domestic production program for every 10 (ten) foreign production programs being channeled.
3.      (3) Subscribed Broadcasting Institutions are funded by:
a.      Subscription fee; and
b.      Other legal activities related to broadcasting operation.
 
Article 27
Subscribed Broadcasting Institutions through satellites as referred to in Article 26 clause (1) point a must meet the following requirements:
a.      It has broadcasting scope that covers within the area of the Republic of Indonesia;
b.      It has broadcast control stations located in Indonesia;
c.      It has a satellite transmitting station located in Indonesia;
d.      It uses a satellite that has a landing right in Indonesia; and
e.      It guarantees that the program is only accessible to the subscribers.
 
Article 28
Subscribed Broadcasting Institutions through cable and through terrestrial as referred to in Article 26 clause (1) point b and point c must meet the following requirements:
a.      It has broadcasting scope that covers one service area specified in the operation license issued for the institution; and
b.      It guarantees that the program is only accessible to the subscribers.
 
Article 29
1.      Provisions as stated in Article 16 clause (2), Article 17, Article 18, Article 33 clause (1) and clause (7), Article 34 clause (4) and clause (5) also apply for Subscribed Broadcasting Institutions.
2.      Further provisions concerning procedures and requirements in obtaining license as referred to in Article 25 clause (1) shall be arranged by the KPI together with the Government.
 
Part Eight
Foreign Broadcasting Institutions
 
Article 30
1.      Foreign Broadcasting institutions are not allowed to be established in Indonesia.
2.      Foreign Broadcasting institutions and foreign broadcasting office that will perform journalistic activities in Indonesia, either broadcasted live or recorded, must fulfill all the provisions stated in the prevailing laws.
3.      Further provisions concerning the guidelines for coverage activities of foreign broadcasting institutions shall be arranged by the KPI together with the Government.
 
Part Nine
Broadcasting Stations and Coverage Areas
 
Article 31
1.      Broadcasting Stations that operate radio or television broadcasting services consist of network broadcasting station and/or local broadcasting station.
2.      ublic Broadcasting Stations can operate programs based on networking station system that covers the whole area of the Republic of Indonesia.
3.      Private Broadcasting Stations can operate programs through networking station system with limited coverage area.
4.      Further provisions concerning the operation of networking station system shall be arranged by the KPI together with the Government.
5.      Local broadcasting station can be established in certain locations within the area of the Republic of Indonesia with limited coverage in the location concerned.
6.      The majority ownership of initial capital and operation of the local broadcasting stations are primarily allocated to the local community where the stations are located.
 
Part Ten
Basic Plan of Broadcasting Technique and
Technical Requirements of Broadcasting Instruments
 
Article 32
1.      Every establishment and operation of broadcasting must meet the requirements of the basic plan of broadcasting technique and the technical requirements of broadcasting instruments.
2.      Further provisions concerning the basic plan of broadcasting technique and the technical requirements of broadcasting instruments as referred to in clause (1) shall be arranged by KPI together with the Government based on the prevailing laws.
 
Part Eleven
Licensing
 
Article 33
1.      Broadcasting institutions are obliged to obtain broadcasting operation licenses before starting with broadcasting activities.
2.      The applicants must provide their name, vision, mission, and program format and fulfill the requirements stated in this Law.
3.      The issuance of license as stated in clause (1) is based on the public need, interest and convenience.
4.      License and license extension shall be issued by the state after obtaining:
a.      Input and evaluation result of the hearing between the applicants and KPI;
b.      Recommendation of fit and properness for broadcasting operation issued by KPI;
c.      The agreement in the joint meeting forum held particularly for licensing issue between KPI and the Government; and
d.      Allocation License and radio frequency spectrum utilization by the Government upon the recommendation of KPI.
5.      Based on the result of agreement as referred to in clause (4) point c, administratively the license for broadcasting operation is granted by the state through KPI.
6.      The broadcasting operation license and the extension license of broadcasting operation are obliged to be issued within 30 (thirty) work days at the latest after reaching the agreement from joint meeting forum as referred to in clause (4) point c.
7.      Broadcasting institutions are obliged to pay the fee for broadcasting operation licenses through the State Treasurer’s Office.
8.      Further provisions concerning the procedures and requirements for obtaining broadcasting operation licenses shall be arranged by the KPI together with the Government.
 
Article 34
1.      Broadcasting operation licenses that are issued shall be as follows:
a.      Radio broadcasting operation licenses are granted for 5 (five) years period of time.
b.      Television broadcasting operation licenses are granted for 10 (ten) years period of time.
2.      The licenses as referred to in clause (1) point a and point b are extendable.
3.      Before obtaining a fixed license for broadcasting operation, radio broadcasting institutions must undergo broadcast try-out period for 6 (six) months at the longest and 1 (one) year try-out period for television broadcasting institutions at the longest.
4.      Broadcasting operation licenses are prohibited to be transferred to other parties.
5.      Broadcasting operation licenses can be revoked due to:
a.      Failure to pass the prescribed broadcasting try-out period;
b.      Violation on the utilization of the allocated radio frequency spectrum and/or broadcast coverage;
c.      Failure to perform broadcast activity more than 3 (three) months without notifying the KPI;
d.      Being transferred to other parties;
e.      Violation on the basic plan of broadcasting techniques and the technical requirements of broadcasting instruments; or
f.        Violation on the provisions concerning the broadcast program standards after a permanent court verdict.
6.      Broadcasting operation licenses become overdue because they have expired and not to be prolonged.
 
CHAPTER IV
BROADCAST OPERATION
 
Part One
Broadcast Content
 
Article 35
Broadcast content must be in line with the principles, objectives, functions and directions of broadcast as referred to in Article 2, Article 3, Article 4, and Article 5.
 
Article 36
1.      Broadcast content must contain information, education, and entertainment and be beneficial in the shaping of intellectual, personality, morality, advancement, national endurance, maintaining unity and integrity as well as implementing religious values and the Indonesian cultural values.
2.      Broadcast content of television broadcasting services provided by Private Broadcasting Institutions and Public Broadcasting Institutions must carry at least 60% (sixty percent) domestic programs.
3.      Broadcast content must provide protection and empowerment to the particular public, who are children and youths, by broadcasting programs in a proper time, and broadcasting institutions must include and/or mention public classification in accordance with the broadcast content.
4.      Broadcast content must maintain the neutrality of the program and not to favor the interest of certain groups.
5.      Broadcast content must not include:
a.      Slander, instigation, misleads, and/or lies;
b.      Exhibiting violence, indecency, gambling, narcotics and illegal drug abuse; or
c.      Provoking ethnic, religious, racial and inter-groups conflicts.
6.      Broadcast content must not ridicule, underestimate, molest and/or neglect religious values, the dignity of Indonesian people and violate international relationship.
 
Part Two
Broadcast Language
 
Article 37
The primary language media in broadcast program operation must be the right and proper Indonesian language.
Article 38
1.      Local languages can be used as introductory language in the operation of local-content broadcast program and to support certain programs when necessary.
2.      Foreign languages can be used only as introductory language in accordance to the necessity of a broadcast program.
 
Article 39
1.      Programs in foreign language can be broadcasted using the original language and for TV broadcasting services in particular, must be equipped with the Indonesian subtitles or selectively dubbed into Bahasa Indonesia in accordance to the necessity of certain programs.
2.      Dubbing of foreign language into Bahasa Indonesia is limited to a maximum of 30% (thirty percent) from all foreign programs being broadcast.
3.      Sign language can be used in certain programs for the deaf.
 
Part Three
Relay and Joint Broadcast
 
Article 40
1.      Broadcasting institutions may relay programs from other broadcasting stations; either domestic broadcasting stations as well as foreign broadcasting stations.
2.      Broadcast relay used as regular programs, originated both from domestic or foreign, are limited.
3.      Relay of regular programs originated from foreign broadcasting institutions in particular, the number, duration, types and numbers of program are limited.
4.      Broadcasting institutions may perform relay from other broadcasting institutions irregularly upon certain national or international programs and/or favorite programs.
 
Article 41
Among broadcasting institutions, cooperation may be performed in making a joint broadcast as long as it is not intended to information and opinion-shaping monopoly.
 
Part Four
Journalistic Activity
 
Article 42
In conducting journalistic activity, electronic media journalists must comply with Journalistic Code of Ethics and the prevailing laws.
 
Part Five
Broadcast Right
 
Article 43
1.      Each broadcasted program must have a broadcast right.
2.      In broadcasting a program, broadcasting institutes are obliged to mention the broadcast right.
3.      The ownership of broadcast right as referred to in clause (2) must be mentioned clearly in the program.
4.      Broadcast rights of every broadcast program is protected by the prevailing laws.
 
Part Six
Broadcast Rectification
 
Article 44
1.      Broadcasting institutions are obliged to make rectification when it is come to their attention that there is a mistake and/or error in their broadcast and/or news content, or when there is protest against the content of the program and/or news.
2.      Rectification or correction must be done in less than the next 24 (twenty-four) hours and when unable to do so, the correction can be done in the first opportunity and must be treated as a priority.
3.      Rectification or correction as referred to in clause (2) does not make the broadcasting institutions immune from the responsibility or legal proceeding by the injured parties.
 
Part Seven
Broadcast Archive
 
Article 45
1.      Broadcasting institutions are obliged to store broadcast materials including audio records, video records, photos, and documents for at least 1 (one) year after being broadcasted.
2.      Broadcasting materials with high values of history, information or broadcasting must be submitted to the appointed institutions to preserve them in line with prevailing laws.
 
Part Eight
Advertising Broadcast
 
 
Article 46
1.      Advertising broadcast consists of commercial and public service advertisement.
2.      Advertising broadcast must comply with fundamentals, objectives, functions and directions of broadcasting as referred to in Article 2, Article 3, Article 4, and Article 5.
3.      Commercials are not allowed to:
a.      promote something related to the teaching of religions, ideologies, individuals or groups that hurt the feelings or abase other religions, ideologies, individuals or groups;
b.      promote liquor or its equivalent and addictive substance or material;
c.      Promote cigarettes by exposing the shape of the cigar;
d.      Promote things that are against the public morality and religious values; and/or
e.      Exploit children under the age of 18 years.
4.      The advertising broadcast material to be broadcast through broadcasting institutions must meet the requirements issued by the KPI.
5.      Commercials that are broadcasted shall become the responsibility of the relevant broadcasting institution.
6.      Commercials being broadcasted during the program targeted for children must meet the broadcasting standard for children. .
7.      Broadcasting institutions must set aside air time for broadcasting public service advertisements.
8.      The portion of broadcasting time for commercials in private broadcasting institutions is maximum 20% (twenty percent), whilst the portion of broadcasting time for commercials in public broadcasting institutions is maximum 15% (fifteen percent) from the entire broadcasting time.
9.      The portion of broadcasting time for public service advertisements in private broadcasting institutions is maximum 10% (ten percent) of the commercial broadcasting time, whilst for public broadcasting institutions at least 30% (thirty percent) of the advertising time.
10. The airtime of broadcasting institutions cannot be bought by any parties for any reasons other than for advertising programs.
11. Advertising materials must utilize domestic resources.
 
Part Nine
Censor of Broadcast Content
 
Article 47
Broadcast contents in the form of films and/or advertisements must pass the censorship by the appointed institution.
 
CHAPTER V
CODE OF CONDUCTS OF BROADCASTING
 
Article 48
1.      Code of broadcasting conducts for broadcast operation is determined by the KPI.
2.      Code of broadcasting conducts as referred to in clause (1) shall be based on:
a.      Religious and moral values and the prevailing laws; and
b.      Other norms that are valid and acceptable among the general public and broadcasting institutions.
3.      The KPI must issue and socialize the code of broadcasting conducts to broadcasting institutions and the general public.
4.      The code of broadcasting conducts shall determine the standards of broadcast contents that at least related to the:
a.      Respect of religious points of view;
b.      Respect of privacy;
c.      Manner and morality;
d.      Limitation on the exposure of sexuality, violence and sadism;
e.      Protection towards children, youths and women;
f.        Program classification that is based on group’s age;
g.      Program broadcasting in foreign languages;
h.      Punctuality and neutrality of the news program;
i.         Live broadcasts, and
j.         Advertising broadcasts.
5.      The KPI will facilitate the establishment of Broadcasting Code of Ethics.
 
Article 49
The KPI shall regularly observe the code of broadcasting conducts as referred to in Article 48 clause (3) in line with the amendments of the laws and the development of norms prevailed in the society.
 
Article 50
1.      KPI is obliged to monitor the implementation of code of broadcasting conducts.
2.      KPI is obliged to accommodate complaints from every individual or group who finds out violations towards code of broadcasting conducts.
3.      KPI must proceed official complaints on fundamental issues as referred to in Article 8 clause (3) point e.
4.      KPI must submit the complaints to the relevant broadcasting institutions and give them a chance to respond.
5.      KPI must submit a written report on evaluation and examination result to the complainant parties and related broadcasting institutions.
 
Article 51
1.      The KPI can oblige the broadcasting institutes to broadcast and/or publish the statement related to the complaint as referred to in Article 50 clause (2) when it is proven to be true.
2.      All Broadcasting Institutes must comply with the decisions issued by the KPI that based on the code of broadcasting conducts.
 
CHAPTER VI
PUBLIC PARTICIPATION
 
Article 52
1.      Every citizen of the Republic of Indonesia has the right, obligation and responsibility to participate in the development of national broadcasting operation.
2.      Non-profit organizations, NGOs, universities, and education circle society can develop literate activities and/or the monitoring of Broadcasting Institutions.
3.      The citizens as mentioned in clause (1) have the right to submit objections against the program and/or broadcast content that considered harmful.
 
CHAPTER VII
RESPONSIBILITY
 
 
 
Article 53
1.      In exercising its functions, authorities, tasks and obligation, the Central KPI shall be responsible to the President and submit reports to the House of Representatives of the Republic of Indonesia.
2.      In exercising its functions, authorities, tasks and obligation, the Regional KPI shall be responsible to Governor and submit reports to the Provincial People’s Representative Council of the Republic of Indonesia.
 
Article 54
The president of the legal entity of the broadcasting institution shall be responsible in general upon broadcasting operation and must appoint the responsible party for each executed program.
 
CHAPTER VIII
ADMINISTRATIVE SANCTIONS
 
Article 55
1.      Any person whosoever violates provisions as stated in Article 15 clause (2), Article 20, Article 23, Article 24, Article 26 clause (2), Article 27, Article 28, Article 33 clause (7), Article 34 clause (5) point a, point c, point d, and point f, Article 36 clause (2), clause (3), and clause (4), Article 39 clause (1), Article 43 clause (2), Article 44 clause (1), Article 45 clause (1), Article 46 clause (6), clause (7), clause (8), clause (9), and clause (11) shall be imposed with administrative sanctions.
2.      Administrative sanctions as referred to in clause (1) can be in the form:
a.      Written warning;
b.      Temporary suspension of the problematic program after a certain stage;
c.      Limitation of broadcasting duration and time;
d.      Administrative fine;
e.      Suspension of broadcasting activities for a certain period of time;
f.        Not granting broadcasting operation license extension;
g.      Revocation of broadcasting operation license.
3.      Further provisions on the procedures and issuance of administrative sanctions as referred to in clause (1) and clause (2) shall be arranged by the KPI together with the Government.
 
CHAPTER IX
INVESTIGATION
 
Article 56
1.      Investigation toward criminal acts regulated by this Law shall be done in accordance with the Penal Codes.
2.      For criminal acts related to violations of provisions as referred to in Article 34 clause (5) point b and e, the investigation shall be executed by Civilian State Officials in line with prevailing laws.
 
CHAPTER X
CRIMINAL SANCTIONS
 
Article 57
The sanction of maximum imprisonment of 5 (five) years and/or a fine of maximum Rp1.000.000.000,00 (one billion Rupiah) for radio broadcasting and the sanction of maximum imprisonment of 5 (five) years and/or a fine of maximum Rp10.000.000.000,00 (ten billion Rupiah) for television broadcasting, for every person who:
a.      Violates the provision as referred to in Article 17 clause (3);
b.      Violates the provision as referred to in Article 18 clause (2);
c.      Violates the provision as referred to in Article 30 clause (1);
d.      Violates the provision as referred to in Article 36 clause (5);
e.      Violates the provision as referred to in Article 36 clause (6).
 
Article 58
The sanction of maximum imprisonment of 2 (two) years and/or a fine of maximum Rp500.000.000,00 (five hundred million Rupiah) for radio broadcasting and the sanction of maximum imprisonment of 2 (two) years and/or a fine of maximum Rp5.000.000.000,00 (five billion Rupiah) for television broadcasting, for every person who:
a.      Violates the provision as referred to in Article 18 clause (1);
b.      Violates the provision as referred to in Article 33 clause (1);
c.      Violates the provision as referred to in Article 34 clause (4);
d.      Violates the provision as referred to in Article 46 clause (3).
 
Article 59
Any person who violates provisions as referred to in Article 46 clause (10) shall be sanctioned with a fine of maximum Rp200.000.000,00 (two hundred million Rupiah) for radio broadcasting and the sanction of maximum Rp2.000.000.000,00 (two billion rupiahs) for television broadcasting.
 
CHAPTER XI
TRANSITIONAL PROVISIONS
 
Article 60
1.      With the enactment of this Law, all the existing implementing regulations in the broadcasting field remain valid as long as they are not contradictory or replaced with new ones.
2.      The existing Broadcasting Institutions before the enactment of this Law may continue to perform their functions and must adjust themselves with the provisions of this Law within 2 (two) years the longest for radio broadcasting services and 3 (three) years the longest for television broadcasting services after the enactment of this Law.
3.      Broadcasting Institutions that already have relay station before the enactment of this Law and after the end of adjustment period can still operate its broadcasting through the relay station until the establishment of local station, networking with the concerned Broadcasting Institution within 2 (two) years at the longest, unless there is a special reason decided by KPI together with the Government.
 
CHAPTER XII
CLOSING PROVISIONS
 
Article 61
1.      The KPI must have been established within 1 (one) year at the latest after the enactment of this Law.
2.      For the first time the nomination of KPI members is submitted by the government upon public suggestion to the House of Representatives of the Republic of Indonesia.
 
Article 62
1.      The provisions arranged by KPI together with the Government as referred to in Article 14 clause (10), Article 18 clause (3) and clause (4), Article 29 clause (2), Article 30 clause (3), Article 31 clause (4), Article 32 clause (2), Article 33 clause (8), Article 55 clause (3), and Article 60 clause (3) shall be determined by Governmental Regulation.
2.      The Governmental Regulation as referred to in clause (1) must be decided within 60 (sixty) days after finished being arranged by KPI together with the Government at the latest.
 
Article 63
With the enactment of this Law, therefore Law Number 24 Year 1997 concerning Broadcasting (State Gazette of the Republic of Indonesia Year 1997 Number 72, Supplement to State Gazette Number 3701) is declared null and void.
 
Article 64
This Act shall be declared effective on the day of its enactment.
For public cognizant, it is ordered to publish this Law by placing it in State Gazette of the Republic of Indonesia.
Endorsed in Jakarta
On December 28th 2002
Enacted in Jakarta
On December 28th 2002
THE MINISTER OF STATE SECRETARY
OF THE REPUBLIC OF INDONESIA,
(Not signed)
BAMBANG KESOWO
 
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2002 NUMBER 139
Copied as original
The Deputy of Cabinet Secretary
Law and Legislation Bureau
(Signed)
Lambock V. Nahattands
 
 
 
EXPLANATION
ON
THE LAW OF THE REPUBLIC OF INDONESIA
NUMBER 32 YEAR 2002
REGARDING
BROADCASTING
I. GENERAL
That the freedom to express opinion, submit and obtain information, are originated from people’s sovereignty and is a form of human rights in the democratic livelihood of social, nation and state. Therefore, freedom or independence in broadcasting should be guaranteed by the state. In line with the issue, the 1945 Constitution of the Republic of Indonesia admits, guarantees and protects such things. However, in accordance to the ideals of Indonesia Independent Proclamation, such freedom should be beneficial for Indonesian efforts to maintain national integrity, uphold the religious, truth, justice, morality and decency values as well as to improve public prosperity and the intelligence of livelihood of the state. In this matter, freedom must be executed with senses of responsibility, balance and fair between the freedom and equality in using the right based on Pancasila and 1945 Constitution of the Republic of Indonesia.
The development of communication and information technology has created an information society that has bigger demands upon the right to know and the right to obtain information. Information has become primary needs for the society and has become significant commodity in the social, nation and state livelihoods.
The development of such communication and information technology has brought implication toward broadcasting world, including broadcasting in Indonesia. The role of broadcasting as the channel of information and the shaper of general public opinion has become more strategic, mainly in developing democracy atmosphere in our country. Broadcasting has become one of communications means for the society, broadcasting institutions, business world, and the government. Such development has made the prevailing legal foundation on broadcasting arrangement to be insufficient.
Public participation in performing part of government general tasks, particularly in broadcasting operation, is not apart from general norms of broadcasting organisation that is valid universally. Based on such thing, it is necessary to re-regulate broadcasting.
This Law is arranged based on primary thoughts as follows:
1.        Broadcasting must be able to guarantee and protect the freedom to express or produce thoughts verbally and in writing, including to guarantee the freedom to create based on the principles of justice, democracy and law supremacy;
2.        Broadcasting must reflect justice and democracy by balancing between the rights and obligations of the society as well as the government, including the human rights of every individual/person by respecting and not disturbing other individual/person’s right;
3.        Considering the entire aspects of nation and state livelihoods, as well as considering broadcasting as an important and strategic economy institution, in national as well as international scales;
4.        Anticipating the development of communication information technology, particularly in broadcasting sector, such as digital technology, compression, computerisation, cable television, satellite, internet and other specific forms in the operation of broadcast;
5.        Involving more public participation in conducting social control and participating in improving national broadcasting; therefore, Indonesian Broadcasting Commission or KPI is established to accommodate public aspirations and represent public needs upon broadcasting;
6.        Broadcasting has close relationship with radio frequency spectrum and geo-stationer satellite orbit that are a limited natural resources and therefore needed to be regulated effectively and efficiently;
7.        The development of broadcasting should be directed to the creation of broadcast that have quality, dignity, absorbable and enable to reflect various public aspirations in order to enhance public preventive ability towards the negative influences of foreign culture values.
II. ARTICLE PER ARTICLE
Article 1
Sufficiently clear.
Article 2
Sufficiently clear.
Article 3
Sufficiently clear.
Article 4
Sufficiently clear.
Article 5
Sufficiently clear.
Article 6
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
The meaning of a fair and integrated networking pattern is a reflection of the existence of the balance of information among regions and between regions and the central.
Clause (4)
Sufficiently clear.
Article 7
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
Sufficiently clear
Clause (4)
The meaning of to be controlled refers to the implementation of the tasks of the KPI that must be monitored and controlled so that it is in line with the provisions in this Law.
Article 8
Clause(1)
Sufficiently clear.
Clause (2)
Point a
Sufficiently clear.
Point b
Code of conducts on broadcasting referred to in this point is suggested by broadcasting association/society to KPI.
Point c
The meaning of monitoring the regulations implementation is to monitor the implementation of provisions made by KPI.
Point d
Sanctions that can be imposed towards the violations of regulations and broadcasting code of conducts as well as the standards of broadcast program.
Point e
Sufficiently clear.
Clause (3)
Sufficiently clear.
Article 9
Sufficiently clear.
Article 10
Sufficiently clear.
Article 11
Sufficiently clear.
Article 12
Sufficiently clear.
Article 13
Sufficiently clear.
Article 14
Sufficiently clear.
Article 15
Sufficiently clear.
Article 16
Sufficiently clear.
Article 17
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
The meaning of providing opportunity to own shares in this clause is during the times of public offering of the shares.
Article 18
Sufficiently clear.
Article 19
Sufficiently clear.
Article 20
Sufficiently clear.
Article 21
Clause (1)
Community in this clause refers to the community within the transmission coverage area of the licensed community station.
Clause (2)
Sufficiently clear.
Clause (3)
Sufficiently clear.
Article 22
Sufficiently clear.
Article 23
Sufficiently clear.
Article 24
Clause (1)
Code of ethics in this clause refers to the code of conducts of community broadcasting operations.
Clause (2)
Sufficiently clear.
Article 25
Sufficiently clear
Article 26
Sufficiently clear.
Article 27
Sufficiently clear.
Article 28
Sufficiently clear.
Article 29
Sufficiently clear.
Article 30
Sufficiently clear.
Article 31
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
Sufficiently clear.
Clause (4)
Sufficiently clear.
Clause (5)
Sufficiently clear
Clause (6)
The words ‘primarily allocated’ in this clause mean that a priority is given to the society of the relevant region or originated from the region concerned. Other parties can become the major owner of the initial capital and station management only when the local community has no interest in it.
Article 32
Sufficiently clear.
Article 33
Sufficiently clear.
Article 34
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
Sufficiently clear.
Clause (4)
The meaning of the transfer of broadcasting operation to other parties, for example broadcasting operational license that being given to certain legal entity, being sold, or transferred to other legal entity or other individual.
Clause (5)
Sufficiently clear
Clause (6)
Sufficiently clear.
Article 35
Sufficiently clear.
Article 36
Clause (1)
Sufficiently clear.
Clause (2)
Broadcast programs originated from foreign countries are primarily related to religion, education, science and technology, culture, sports and entertainment.
Clause (3)
Sufficiently clear.
Clause (4)
Sufficiently clear.
Clause (5)
Sufficiently clear.
Clause (6)
Sufficiently clear.
Article 37
Sufficiently clear.
Article 38
Sufficiently clear.
Article 39
Clause (1)
“Must be equipped with the Indonesian subtitles” here is valid for television broadcasting services only.
Clause (2)
Arrangement on films that can be broadcasted through television media is adjusted with provisions in prevailing laws regarding films.
Clause (3)
What is referred to in this clause valid for television broadcasting services only.
Article 40
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
The meaning of limitation of regular programs in this clause refers to news broadcasts, music broadcasts that perform indecent performances and sports programs that show sadistic scenes.
Clause (4)
Sufficiently clear.
Article 41
Sufficiently clear.
Article 42
Sufficiently clear.
Article 43
Clause (1)
Sufficiently clear.
Clause (2)
Broadcasting right means the right owned by broadcasting institutions to broadcast programs or certain programs legally obtained from the copyright owners or creators.
Clause (3)
Sufficiently clear.
Clause (4)
Sufficiently clear.
Article 44
Sufficiently clear.
Article 45
Sufficiently clear.
Article 46
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
Point a
Sufficiently clear.
Point b
Sufficiently clear.
Point c
Sufficiently clear.
Point d
Sufficiently clear.
Point e
Exploitation treatments, for example acts or behaviors to use, take advantage of, or blackmail children for personal, family, or group benefits
Clause (4)
Sufficiently clear.
Clause (5)
Sufficiently clear.
Clause (6)
Sufficiently clear.
Clause (7)
Sufficiently clear.
Clause (8)
Sufficiently clear.
Clause (9)
Sufficiently clear
Clause (10)
Sufficiently clear.
Clause (11)
The meaning of domestic resources refers to the model or background of advertising products that originated from domestic resources.
Article 47
Censorship meant in this article is valid for television broadcasting services only.
Article 48
Sufficiently clear.
Article 49
Sufficiently clear.
Article 50
Clause (1)
Sufficiently clear.
Clause (2)
Sufficiently clear.
Clause (3)
Sufficiently clear.
Clause (4)
The right to respond in this clause includes correction right and rectification right on errors.
Clause (5)
Sufficiently clear.
Article 51
Sufficiently clear.
Article 52
Clause (1)
Sufficiently clear.
Clause (2)
Monitoring broadcasting media means performing an observation towards broadcast operation conducted by broadcasting institutions.
Literate activities mean the educational activities to improve public critical attitudes.
Clause (3)
Sufficiently clear.
Article 53
Clause (1)
Responsibility to the President regarding the implementation of functions, authorities, tasks, and obligations is submitted periodically in accordance with the prevailing laws with the focus on administration and finance aspects; whilst the reports to the House of Representatives of the Republic of Indonesia cover the implementation of functions, authorities, tasks, and obligations of KPI.
Clause (2)
Responsibility to Governor regarding the implementation of functions, authorities, tasks, and obligations is submitted periodically in accordance with the prevailing laws with the focus on administration and finance aspects; whilst the reports to the Provincial People’s Representative Council cover the implementation of functions, authorities, tasks, and obligations of Regional KPI.
Article 54
Sufficiently clear
Article 55
Sufficiently clear.
Article 56
Sufficiently clear.
Article 57
Sufficiently clear.
Article 58
Sufficiently clear.
Article 59
Sufficiently clear.
Article 60
Sufficiently clear.
Article 61
Sufficiently clear.
Article 62
Sufficiently clear.
Article 63
Sufficiently clear.
Article 64
Sufficiently clear.
ADDENDUM TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4252
 
 
THE NATIONAL LAW OF THE REPUBLIC OF INDONESIA
NUMBER 40 YEAR 1999
ON
THE PRESS
 
BY THE GRACE OF GOD
 
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
 
Considers that: a. the freedom of the press is one of the representations of the sovereignty of the people and is the utmost important element in creating a democratic society, nation and state to assure the freedom of expressing ideas and opinions as stated in Article 28 of the Indonesian Constitution of 1945 must be guaranteed;
                            b. the existence of a democratic society, nation, and state, the freedom of expressing ideas and opinions, based on the conscience and the right to acquire information, is necessary to preserve justice and truth, promote general welfare, and advance the nation’s intellectualism;
                            c. the national press as the media for mass communication, information dissemination, and shaping public’s opinion, must be able to perform at its best according to its principles, functions, rights, obligations and roles based upon the professional freedom of the press, guaranteed and protected by the law and free from any interference and intrusion;
                            d. that national press has the role of preserving the order of the world according to the freedom, eternal peace and social justice;
                            e. that Act No. 11 of 1966 on the Principles of the Press as amended with Act No. 1 of 1967 and amended with Act No. 21 of 1982 are considered inappropriate;
                            f.   that based upon considerations stated in letters a, b, c, d, and e, it is necessary to establish a Press Act;        
 
In view of:             1. Article 5 item (1), Article 20 item (1), Article 27, and Article 28 in Indonesian Constitution of 1945;
                            2. Stipulation made by the National Assembly of the Consultative Council of the Republic of Indonesia No. XVII/MPR/1998 on Human Rights;
 
With the Approval of
The House of Representatives of the Republic of Indonesia
 
STIPULATED:
 
The enactment of:         THE ACT ON THE PRESS
 
CHAPTER I
GENERAL PROVISION
Article 1
The following definition applies to this act:
1.    Press is a social and mass communication institution that operates within journalistic activities that include seeking, acquiring, possessing, recording, analyzing, and disseminating information, in any forms either in written, sound, picture, sound and picture, with data and graphic in any other forms, by using printing media, electronic media and all kinds of available channel.
2.    Press company is an Indonesian legal entity operating in press enterprise that includes printing media company, electronic media company, and news agency, and also other media company that specializes in operating, broadcasting or disseminating information.
3.    News agency is a press company that serves printing media, electronic media, or any other media and the public in general, in acquiring information.
4.    Journalist is person who regularly conducts journalistic activities.
5.    Press organization is journalists’ organization and press companies’ organization.
6.    National Press is press conducted by Indonesia press companies.
7.    Foreign Press is press conducted by foreign press companies.
8.    Censorship is a coercive deletion on the part or whole of information materials to be published or broadcast, or warning or notice of intimidation in nature by any party, and/or obligation to report, and acquiring permission from the authorized body in conducting journalistic activities.
9.    Ban or restriction of broadcasting is discontinuation of publishing and circulation or coercive broadcasting or against the law.
10. The Right to Repudiate is the right owned by journalists as professional to refuse disclosing names and/or other identities from sources to be kept concealed.
11.     The Right to Response is the right owned by individual or group to respond or deny any factual news that is unfavorable for his/their good reputation.
12.     The Right to Correct is the right owned by everybody to correct or restore any inaccurate information published by press, either concerning himself or any other person.
13.     The Obligation to Correct is the obligation to correct or revise any information, data, facts, opinions, or pictures that are inaccurate and have been published by the press.
14.     Journalistic Code of Ethics is the compilation of ethics for journalistic profession
 
CHAPTER II
PRINCIPLES, FUNCTIONS, RIGHTS, OBLIGATIONS AND ROLES
OF THE PRESS
 
Article 2
The freedom of the press is one of the representations of the sovereignty of the people based upon democratic, justice, and law supremacy principles.
 
Article 3
(1)      The national press functions as the media for information, education, entertainment as well as functions as media for social control.
(2)      Besides the above-mentioned functions in item (1), national press can function as an economy institution.
Article 4
(1)      The freedom of the press is guaranteed as the basic human rights for every citizen.
(2)      Towards national press no censorship, banning or restriction of broadcasting will be imposed upon.
(3)      To insure the existence of the freedom of the press, national press has the right to seek, acquire, and disseminate ideas and information.
(4)      In terms of accountability towards the law, the journalist has the Right to Repudiate.
 
Article 5
(1)      National press has the obligation to report events and opinions with respect to public religious norms and moral norms, completed with the presumed innocent principle.
(2)      The Press is obliged to attend to the Right to Response.
(3)      The Press is obliged to attend to The Right to Correct.
 
Article 6
The national press must play its roles in the following matters:
a.     to satisfy the public’s right to know;
b.    to enforce democratic basic principles, promote the representation of supremacy of law and human rights, while at the same time respect the diversity;
c.     to develop public opinion based upon factual, accurate and valid information;
d.    to conduct control, provide criticism, correction, and suggestion towards any public concern;
e.         to fight for justice and truth;
 
CHAPTER III
JOURNALISTS
 
Article 7
(1)      Journalists are free to join any journalist’s association.
(2)      Journalist owns and adheres to the Journalistic Codes of Ethics.
 
Article 8
In conducting the activities of his profession, a journalist is protected by the law.
 
CHAPTER IV
PRESS COMPANY
 
Article 9
(1)      Each Indonesian citizen, as well as the state itself, has the right to establish a press company.
(2)      Each press company must be in the form of Indonesian legal entity.
 
Article 10
Press companies must provide welfare to their journalists and their employees by sharing them the shareholdings and/or net distribution and other fringe benefits.
 
Article 11
Reinvestment from foreign resources can be done through the mechanism of Stock Exchange.
 
Article 12
Press companies are obliged to disclose name, address, and accountable party through their own media; particularly for publication press, they must add the name and address of their printing companies.
 
Article 13
The press companies are not allowed to publicize the following commercials:
a.     the ones that have an image of degrading certain religion(s) and/or disturb the harmony among religious followers, and in the contrary with public morality; 
b.    the ones that promote liquor, narcotics, psychotropic and other addictive substances in line with the current laws;
c.         the ones that expose the material entity and the use of cigarettes.
Article 14
In order to develop domestic and foreign news, each Indonesian citizen and the state has the right to establish news agency.
 
CHAPTER V
THE PRESS COUNCIL
Article 15
(1)      In the efforts of developing the freedom of the press and expanding the existence of the national press, the Press Council shall be established.
(2)      The Press Council has the following functions:
a.         protecting the freedom of the press from any intervention;
b.    conducting studies to develop the existence of the press;
c.    setting up and supervising the compliance of Journalistic Code of Ethics;
d.    providing consideration and finding settlement to public grievances on cases related to press coverage or news;
e.    developing communication between the press, the public and the government;
f.     facilitating press’ organizations in their efforts to establish press regulations and to increase their professional quality;
g.    identifying the press companies;
(3)      The membership of the Press Council consist of:
a.         journalists appointed by journalist’s associations;
b.    management of press companies, appointed by press companies’ associations;
c.    public figures, experts in press and/or communication, and other fields appointed by journalist and press companies’ organizations;
(4)      Chairman and Vice Chairman of the Press Council are appointed from and by the members.
(5)      Membership of the Board of the Press as stated in article (3) is stipulated by a Presidential Decree.
(6)      The membership of the Press Council is valid for three years with the possibility of extension for another period. 
(7)      The financial resources of the Press Council are from:
a.         press organizations;
b.        press companies;
c.         non-binding financial assistance from the government and other parties.
 
CHAPTER VI
FOREIGN PRESS
 
Article 16
The circulation of foreign press and the establishment of foreign press in Indonesia shall be in line with the current laws. 
 
CHAPTER VII
PUBLIC PARTICIPATION
 
Article 17
(1)      The public may make initiatives in developing the freedom of the press and providing guarantee on the rights for accessing the required information. 
(2)      Activities as mentioned in item (1) can be in the form of:
a.    monitoring and analyzing reports of infringement on law, ethics, and technical news error conducted by the press;
b. submitting suggestion and proposal to the Board of the Press in an effort to preserve and increase the quality of the national press;
 
CHAPTER VIII
CRIMINAL PROVISION
 
Article 18
(1)      Anybody who deliberately acts against the law tohinder or prevents the implementation of the provisions stated in Article 4 item (2) and item (3) faces the penalty of maximum 2 (two) years imprisonment and/or maximum fine ofRp. 500.000.000,00 (five hundred millions rupiahs).
(2)      The press company that violates the provisions in Article 5 verse (1) and verse (2), and Article 13 faces the penalty of a maximum fine ofRp. 500.000.000,00 (five hundred millions rupiahs).
(3)      The press company that violates the provisions in Article 9 verse (2) and Article 12 faces the penalty of a maximum fine ofRp. 100.000.000,00 (One hundred millions rupiahs).
 
CHAPTER IX
TRANSITIONAL PROVISIONS
 
Article 19
(1)      With the enactment of this Act, all of the existing valid regulations related to thepress that are not contradictory to this Act of Law and the existing agencies and institutions related to the press remain functional as long as they are not contradictory or substituted with new ones based on this Act of Law. 
(2)      The press companies that have existed prior to the enactment of this Act of Law are obliged to make adjustment in accordance with this Act of Law within 1 (one) year, at the utmost, since the date of enactment of this Act of Law is in effect. 
 
CHAPTER X
CLOSING PROVISION
Article 20
Upon the enactment of this Act of Law: 
1.         Act No. 11 of 1966 on the Principles of the Press (The State Gazette of the Republic of Indonesia year 1966 No. 40, Addendum to the State Gazette of the Republic of Indonesia No. 2815), amended later by the Act No. 21 of 1982 on the Amendment to Act No. 11 of 1966 on the Principles of the Press as modified with Act No. 4 of 1967 (The State Gazette of the Republic of Indonesia year 1982 No. 52, Addendum to the State Gazette of the Republic of Indonesia No. 3235); 
2.         Act No. 4 PNPS of 1963 on Safety Measures on Printed Media Containing materials that may Cause Public Unrest (the State Gazette of the Republic of Indonesia of 1963 No. 23, Addendum to the State Gazette of the Republic of Indonesia No. 2533), Article 2 item (3) concerning newspapers, magazines and regular publications;
are hereby declared null and void.
 
Article 21
This Act of Law is declared effective on the date of the enactment. To let everybody know, it is ordered to enact this Act of Law and place it in the State Gazette of the Republic of Indonesia.
Endorsed in Jakarta
                                    On September 23, 1999
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed
 
                                                                 BACHARUDIN JUSUF HABIBIE
 
Enacted in Jakarta
On September 23, 1999
The State Secretary of the Republic of Indonesia
Signed.
MULADI
 
 
THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 1999 NO 166

 
ELUCIDATION
ON
THE NATIONAL LAW OF THE REPUBLIC OF INDONESIA
NUMBER 40 YEAR 1999
ON
THE PRESS
I.         GENERAL
 
Article 28 of the Constitution of 1945 guarantees the right of the citizens to form a party and to assemble, to express ideas and opinions orally and in written. The press that includes print media, electronic media and other media constitutes one of the facilities to express ideas and opinions orally and in written. In order to make the press function maximally as intended by Article 28 of the Constitution of 1945, it is necessary to write an Act on the Press. The maximal function is required because the freedom of the press is the realization of the people’s sovereignty and it becomes the most important aspect in the life of the society, the nation and the state democratically.
In a democratic state the accountability to the people is guaranteed, transparent state governance is in function, and justice and truth exist.  
The press that are free to seek and deliver information are very important in realizing Human Rights that are explicitly guaranteed in the Decree of the Consultative Council of the Republic of Indonesia Number XVII/MPR/1998 on the Human Rights, it is stated, among others, that everybody has the right to communicate and obtain information as it is stated in the charter of the United Nations on the Human Rights in Article 19 as follows: "Everyone is entitled to the freedom of having and expressing opinion; in this case, it includes the freedom to own ideas and opinions freely, and to seek, receive and convey information and ideas through any media beyond any territorial borders ".
The press that is capable of doing social control is very important to prevent abuse of power in the form of corruption, collusion, nepotism as well as other types embezzlements. 
In exercising their function, rights, obligations and roles, the press should take into account anybody’s human rights, therefore the press shall be professional and transparent for public control.
Public control includes; the right to have response and the right for correction for everybody and the control given by different social organizations like Media Watch and the Press Council in various forms. 
To avoid redundancy, this Act of Law does not deal with provisions that have been regulated by other acts of law. 
 
II.      ARTICLE PER ARTICLE
       Article 1
            Clear enough
       Article 2
            Clear enough
       Article 3
            Verse (1)
                 Clear enough
            Verse (2)
Press companies shall be managed in accordance with the economic principles, so that the quality of the press and the welfare of the journalists and employees will get better without neglecting the companies’ social obligations. 
       Article 4
            Verse (1)
" The freedom of the press is guaranteed as the basic human rights for every citizen " means that press shall be free from obstacles, banning and/or suppression that the public right to get information is guaranteed. 
The freedom of the press is a freedom, which is given with the awareness of the importance in maintaining legal supremacy conducted by the courts of law as well as the professional awareness as detailed in the Code Ethic of Journalistic as well as the conscience of the press professionals.    
           
       Verse (2)
Censorship, termination or restrictions of broadcasting do not apply for print and electronic media. Non-journalism broadcasting is regulated by the current laws.  
       Verse (3)
Clear enough
       Verse (4)
The main objective of the Right to Repudiate is to make the reporters able to protect their informers by refusing to disclose their identity. This right can be employed by reporters during the questioning by investigators or when they become witnesses in the courts of law.    
The Right to Repudiate can be revoked by the court of law in view of the state safety or public order. 
       Article 5
            Verse (1)
In disseminating information, the national press shall not judge or make a conclusion upon someone’s wrong doing, especially for cases that are still on a trial and shall accommodate the interest of all parties related to the news. 
            Verse (2)
Clear enough
            Verse (3)
                 Clear enough
       Article 6
The national press plays an important role in fulfilling the right of the society to know and to develop public opinion by providing them with timely, accurate and true information. This will encourage the maintenance of justice and truth and legal supremacy to create an orderly society. 
       Article 7
            Verse (1)
                 Clear enough
            Verse (2)
" The Journalistic Codes of Ethics " is mutually agreed Codes by press organizations and endorsed by the Press Council. 
       Article 8
" A journalist is protected by law" here means that the government and/or the society guarantee protection to journalists in implementing their functions, rights and roles in accordance with the current laws. 
       Article 9
            Verse (1)
Each Indonesian citizen is entitled to have equal opportunity employment in line with the Human Rights, including establishing pres companies in line with the provisions in the current laws. 
The national press has important and strategic functions and roles in the life of the society, nation and state. Therefore, the state is entitled to establish press companies by developing corporations to operate businesses in the press sector.  
            Verse (2)
                 Clear enough           
       Article 10
Other fringe benefits” means salary increase, bonus, insurance and others.  
The fringe benefits are given based on the agreement between company management and journalist as well as other employees. 
       Article 11
Foreign reinvestment in the press sector is limited so that foreign shareholders do not possess majority shares and the reinvestment must be based on the current regulations. 
       Article 12
Open announcement is conducted in the following ways: 
a.    The print media containing names, addresses, and directors of publications as well as the names and addresses of the printers;
b.    Electronic media, names, addresses and directors in the beginning and end of each journalistic broadcasting;
c.    Other media are adjusted with the forms, natures and characters of the media.
The announcement is meant to show the accountability on the journalistic work that has been published or broadcasted. 
“The Director” here means the person who is in charge of the press company covering both the operation and editorial fields. 
As far as the criminal cases are concerned, provisions of criminal laws are to be applied. 
       Article 13
            Clear enough
       Article 14
            Clear enough
       Article 15
            Verse (1)
The objective of the formation of the Press Council is to develop the freedom of the press and improve the quality and the quantity of the national press. 
            Verse (2)
Consideration on the public grievances as intended in Verse (2) letter d is related to the Right to Response, the Right to Correct and indications of violations of the Journalistic Code of Ethics. 
            Verse (3)
                 Clear enough
            Verse (4)
Clear enough
            Verse (5)
            Clear enough
            Verse (6)
            Clear enough
            Verse (7)
            Clear enough
       Article 16
            Clear enough
       Article 17
            Verse (1)
                 Clear enough
            Verse (2)
In implementing public participation as intended in this verse, media watch organizations can be established. 
       Article 18
            Verse (1)
                 Clear enough
            Verse (2)
In the case that the violation is conducted by a press company, the company is represented by the Director as intended in the elucidation of Article 12.  
            Verse (3)
                 Clear enough
       Article 19
            Clear enough
       Article 20
            Clear enough
       Article 21
            Clear enough
       
 

 

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