Policies and Measures that Support Media Freedom

Ministry of Communication and Informatics
Describe the main features of the policy/measure: 

The followings are several policies and measures regarding media freedom:
1. Media Diversity Monitoring Framework;
2. Draft Law on Radio and Television of the Republic of Indonesia (RTRI) 2020;
3. Draft Law on Amendments to Law 32 of 2002 on Broadcasting; and
4. Law 19 of 2016 on Amendments to Law 11 of 2008 on Electronic Information and Transactions.

UNESCO Workshop on Media Diversity from 17-19 September 2019 in Jakarta, which was attended by more than 40 media professionals, proposed a Media Diversity Monitoring Framework be developed as a tool to monitor trends in media diversity in Indonesia regularly. This framework can be used by media professionals, media regulators, and the government to monitor trends in media diversity in Indonesia with a set of parameters. This framework development is an effort to protect and promote the diversity of cultural expressions in the media and fulfil UNESCO's mandate to promote freedom of ideas as well as to build an inclusive knowledge society. At the time of this report, no country has developed such a monitoring tool, which makes it a pioneering tool to monitor media diversity.

The Draft Law on Radio and Television of the Republic of Indonesia (RTRI) concerning the merger of the two public broadcasting institutions (LPP) RRI and TVRI awaits approval in August 2020. RRI and TVRI preferably broadcast important matters and necessary to the public as well as the rich cultural diversity in Indonesia. Draft Law on Radio Television Republik Indonesia (RTRI) that strengthen TVRI and RRI as Public Broadcasting Institutions is in line with the Ministry of Communication and Informatics Strategic Plan. Strengthening and empowering TVRI and RRI is a strategic measure to inform the public and nation's interests to the public without partisan and political interests. Public and community broadcasting media hold a strategic position as a free, open, and independent media. The merger of TVRI and RRI into an institution called RTRI has a fundamental reason, namely the demand for technological development towards multi-platform and cross-function. The objective of the two Public Broadcasting Institutions unification is to be efficient and effective in carrying out its more significant role through television, radio, and online platforms.

Meanwhile, the 2016 Indonesian Quadrennial Periodic Report has reported Law 32 of 2002 on Broadcasting. This law regulates television and radio broadcasts, advertising broadcasts (commercial and public services), radio frequency spectrum, broadcasting institutions, national broadcasting systems, and broadcasting operations. This law also formed the basis for the establishment of the Indonesian Broadcasting Commission (see Goal 1, Policies and Measures that Demand Media Accountability). Although this law is still in effect, the 2020-2024 Priority National Legislation Program includes the draft law of its amendment, so there are firm hopes that there will be a new Broadcasting Law in the next few years. The report on the evaluation results mentioned some proposed revisions to the Broadcasting Law.

Finally, in order to maintain the spirit of unity in diversity of Indonesia, a nation with a multi-ethnic, multi-religious population, the government together with the Parliament issued Law 19 of 2016 on Amendments to Law 11 of 2008 on Information and Electronic Transactions (ITE). This law regulates, among other things, electronic information, electronic transactions, electronic documents, electronic systems, electronic system operations, electronic system networks, electronic agents, and electronic signatures.

In general, policies and measures that support media freedom are intended to contribute to the following achievements of the National Strategy for Culture (see Goal 1, Main Policies and Measures that Contain Strategies and Frameworks for the Development of an Integrated Cultural and Creative Economy Sector):
1. Provide space for the diversity of cultural expressions and encourage cultural interaction to strengthen the inclusiveness of culture (Agenda 1);
2. Protect and develop values, expressions, and practices of traditional culture to enrich national culture (Agenda 2); and
3. Utilize advancement of culture objects to improve people welfare (Agenda 4).

What are the results achieved so far through the implementation of the policy/measure?: 

The followings are more technical legislative/statutory rules and regulations that are the derivative regulations of the Broadcasting Law:
1. Government Regulation 11 of 2005 on Broadcasting Operation of Public Broadcasting Institutions (LPP);
2. Government Regulation 12 of 2005 on Public Broadcasting Institution of Radio Republik Indonesia;
3. Government Regulation 13 of 2005 on Public Broadcasting Institution of Televisi Republik Indonesia;
4. Government Regulation 50 of 2005 on Broadcasting Operation of Private Broadcasting Institutions (LPS);
5. Government Regulation 51 of 2005 on Broadcasting Operation of Community Broadcasting Institutions;
6. Government Regulation 52 of 2005 on Broadcasting Operation of Subscribed Broadcasting Institutions; and
7. Government Regulation 49 of 2005 on Guidelines for News Coverage by Foreign Broadcasting Institutions.

One of the derivative legislative/statutory rules and regulations of the ITE Law is Government Regulation 82 of 2012 on the Implementation of Electronic Systems and transactions.

Partner(s) engaged in the implementation of the measure: 
Name of partnerType of entity
Civil Society Organizations that are parts of the Working Group for Democratic Broadcasting
Civil Society Organization (CSO)
Association of Indonesian Private Televisions (ATVSI)
Civil Society Organization (CSO)
Press Council
Public Sector
Association of National Private Broadcasting Radios (PRSSNI)
Civil Society Organization (CSO)
Association of Indonesian Local Televisions (ATVLI)
Civil Society Organization (CSO)
Indonesian Journalists Association (PWI)
Civil Society Organization (CSO)
Alliance of Independent Journalists (AJI)
Civil Society Organization (CSO)
Indonesian Television Journalists Association (IJTI)
Civil Society Organization (CSO)
Indonesian Broadcasting Commission (KPI)
Public Sector
Ministry of Home Affairs
Public Sector
Indonesian National Police
Public Sector
Has the implementation of the policy/measure been evaluated?: 
If yes, what are the main conclusions/recommendations?: 

The House of Representatives (DPR) of the Republic of Indonesia document regarding Harmonization of the Draft Law of the Republic of Indonesia related to Draft Law on Amendments to the Law 32 of 2002 on Broadcasting, which contains the evaluation of the Broadcasting Law as follows:
1. In terms of content, many of the articles in the Broadcasting Law have multiple interpretations, for example regarding the authority of KPI, licensing, networked broadcasting system, cross-ownership, LPS, and LPP; and
2. The Broadcasting Law is deemed not to have anticipated the development of broadcast technology which has developed from analogue technology to digital technology.

Based on evaluation results, the DPR proposes Broadcasting Law revision by expanding the scope of regulation to include:
1. implementation of broadcasting with digital technology; and
2. community participation.

Moreover, enriching the direction of the rules to participate in:
1. maintaining and enhancing morality and religious values and national identity;
2. improving the quality of human resources;
3. maintaining and strengthening national unity and integrity;
4. increasing awareness on obeying the national law and discipline;
5. channeling public opinion and encouraging the active role of the community in national and regional development;
6. preserving the environment;
7. preventing ownership monopolies and supporting fair business competition in the broadcasting field; and
8. adjusting to technological advances in broadcasting.

Besides, the draft amendments of the Law 32 of 2002 perpetuate the capital's monopoly on media content by stating that the Network Broadcast System (SSJ) is optional, not the obligation of the broadcasting institution. Democratizing broadcasting means an antonym for the word centralization. Therefore, the SSJ is an obligation, so that it is also in line with the vision of "Indonesia-Centric" and Nawacita, which means developing "public information" from the periphery and outermost regions.

Objetivo(s) de la Convención 2005 de la UNESCO
Dominios culturales
Cine / Artes audiovisuales
Medios de comunicación
Industria editorial
Artes visuales
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