Press freedom, law and politics in Indonesia : a socio-legal study

Abstract

Without press freedom a \nconstitutional democracy cannot function properly, to the extent that \nthe degree of press freedom becomes an indicator of the level of \ndemocracy in a particular country. This socio-legal study aims to \nclarify how the concepts of freedom of expression and press freedom have\n evolved in Indonesian law; how press freedom as one of the main pillars\n of constitutional democracy has been guaranteed or curbed by the \nIndonesian legal system; how press freedom has been shaped in practice; \nand how this can be evaluated from a rule of law perspective. The \nresearch found press freedom in Indonesia is still under pressure, \ndespite the demise of Soeharto’s authoritarian New Order regime in 1998.\n Decentralised model of governance during ‘Reformasi’ has led to new \ntypes of attacks on the press. Extra-judicial killings, physical \nviolence, bringing criminal or civil claims against journalists and \nimpunity of those perpetrating such acts have made it difficult for many\n journalists to conduct their work in a proper manner and without fear. \nHence, there is still a pattern of legal and non-legal attacks against \nthe press. The research has found that from colonial times until the \npresent Indonesia has struggled with press freedom.

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