Manuscript Title:

THE POSITION OF THE PRESS COUNCIL AS QUASI-RECHTPRAAK IN PRESS FREEDOM IN INDONESIA

Author:

PASMA ROYCE, YUSRIYADI, SUKIRNO

DOI Number:

DOI:10.5281/zenodo.10121974

Published : 2023-11-10

About the author(s)

1. PASMA ROYCE - Student of Doctor of Law Program, Faculty of Law, Diponegoro University, Prof. Soedarto, SH. Street, Tembalang, Semarang, Central Java, Indonesia.
2. YUSRIYADI - Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Prof. Soedarto, SH. Street, Tembalang, Semarang, Central Java, Indonesia.
3. SUKIRNO - Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Prof. Soedarto, SH. Street, Tembalang, Semarang, Central Java, Indonesia.

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Abstract

This study aims to analyze the position of the Press Council as a quasi rechtpraak in press freedom in Indonesia. The research method used is a qualitative method. The results showed that the handling of press cases involved special institutions that were not found in law enforcement in other cases, both ordinary and extraordinary crimes. The special institution referred to is the Press Council. According to the provisions of Article 5 paragraph (2) Law Number 40 of 1999 concerning the Press, the functions of the Press Council include determining and supervising the implementation of the Journalistic Code of Ethics and providing considerations and seeking to resolve public complaints on cases related to press coverage. However, if the case in question has been handled by the police, the Press Council will not handle the complaint. The mechanism through the Press Law has been recognized, and even based on a number of legal considerations in the Constitutional Court's decision, a case of press coverage without or not initiated through the process of using the Right to Reply or until settlement through the Press Council, is deemed incompatible with the Press Law and lawsuit or conviction. Over the case is likely to be defeated.


Keywords

Press Law, Press Council, Press freedom, Quasi- Rechtpraak, Journalism.