Press Release:

THE PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES AND THEIR SUPPORTING POLITICAL PARTIES HAVE NOT YET ESTABLISHED A TRACK RECORD OF SERIOUSLY PROTECTING PRESS FREEDOM

Tifa Foundation – The Coalition for Press and Election Advocacy commends the commitment to press freedom demonstrated by presidential candidate number one Anies Baswedan, presidential candidate number two Ganjar Pranowo, and the campaign team of Prabowo Subianto and Gibran Rakabuming Raka, in the Presidential and Vice Presidential Candidates’ Declaration on Press Freedom held by the Press Council on February 10, 2024. However, the Coalition believes that not all candidates and their supporting political parties have a strong track record or concrete programs to protect press freedom in Indonesia.

Although press freedom in Indonesia was established in 1999 with the enactment of Law No. 40 of 1999 on the Press, pressure on the independent press continues to this day. Data from the Alliance of Independent Journalists (AJI) shows that there have been 1,040 cases of various types of violence against journalists from 2006 to 2023, ranging from physical attacks to intimidation, digital harassment, and sexual assault. Most of these attacks result in impunity due to weak and biased law enforcement.

The defamation and hate speech provisions of the Electronic Information and Transactions Law (ITE Law) have been misused to target journalists. AJI data records 42 cases of journalists facing threats since the law was enacted in 2008, with 38 of those occurring between 2016 and 2023—during the administration of Joko Widodo. Of all these cases, five individuals have been imprisoned. The Criminal Code (KUHP), enacted in late 2022, is a new law that will threaten press freedom when it takes effect in 2026.

Mainstream media also remains concentrated in the hands of a small elite directly linked to political parties and those in power. The media oligarchy’s tight grip undermines media independence by turning the media into a mouthpiece for the political and business interests of its owners. This also includes a lack of transparency regarding media ownership and advertising sources. Similarly, state-funded broadcast media have not yet been able to fully serve the public interest.

Meanwhile, digital disruption has led to a shift in news media readership, with more people turning to social media. The rise in digital advertising is also flowing more heavily into social media platforms than into news media. This has a direct impact on news media struggling to maintain a stable business. Meanwhile, reliance on the business models of social media platforms can drive media outlets to produce low-quality journalism, making them prone to amplifying propaganda and unverified information, amidst a tsunami of misinformation polluting the digital space.

The welfare of journalists remains largely a cause for concern due to low wages, prolonged contract status, insufficient social security coverage, and the high risk of being subjected to unilateral termination of employment. The re-enactment of the Job Creation Law by President Jokowi and the Indonesian House of Representatives in 2023 has further undermined journalists’ economic security.

Papua remains a dangerous region for journalists and the media, with restricted access to information, a ban on foreign journalists, and frequent restrictions on internet access.

Press freedom is a cornerstone of democracy. The complexity of the issues that hinder press freedom has contributed to a decline in the quality of democracy, particularly during President Joko Widodo’s administration. Therefore, the three pairs of presidential and vice-presidential candidates should have a serious vision, mission, and program to restore press freedom in accordance with international, regional, and national legal frameworks.

Review of the Candidates’ Vision and Mission Statements

Based on an evaluation of the vision and mission statements of the presidential and vice-presidential candidates, the number one ticket—Anies Baswedan and Muhaimin Iskandar—outlined the most detailed program regarding press freedom. The eight points mentioned include revising various restrictive regulations, addressing cases of violence against the press, ensuring access to information, facilitating the press ecosystem through regulatory and fiscal support, and guaranteeing freedom of association.

However, the Coalition believes that these programs are inconsistent with the track records of the three supporting political parties: the Nasdem Party, the PKB, and the PKS. These three party factions also approved the enactment of the new Criminal Code and the second revision of the ITE Law, which still contains problematic provisions that threaten press freedom. With the exception of PKS, the Nasdem and PKB factions also approved the conversion of the Job Creation Government Regulation in Lieu of Law into a law.

In addition to that track record, Surya Paloh, the founder and chairman of the Nasdem Party, owns a media conglomerate under the Media Group. In the 2014 and 2019 elections, the Media Group served as a mouthpiece for Surya Paloh’s political interests in supporting Joko Widodo’s bid for the Indonesian presidency.

The Prabowo Subianto–Gibran Rakabuming Raka ticket mentions only one point regarding press freedom in their vision and mission document. That point is to restore and guarantee press freedom that is responsible and upholds integrity in communicating the public interest in order to foster a healthy democracy.

However, the Coalition believes that the “mission to restore and guarantee responsible press freedom” is highly vague, fails to address the issues currently facing the press, and is, in fact, likely to bring the press under the control of powerful authorities.

The pair is backed by four parties that hold seats in parliament: the Great Indonesia Movement Party (Gerindra), the Functional Groups Party (Golkar), the National Mandate Party (PAN), and the Democratic Party. All four parties support the enactment of the new Criminal Code and the second revision of the Electronic Information and Transactions Law. As for the Job Creation Law, only the Democratic Party opposes its enactment.

Aburizal Bakrie, who serves as Chairman of the Golkar Party’s Advisory Board, is the owner of the Viva Group media conglomerate. During the 2014 general election, Aburizal’s media network served as a mouthpiece for his interests in supporting Prabowo Subianto, and later supported Jokowi in the 2019 general election.

The Ganjar Pranowo–Mahfud MD ticket also mentioned only one point in their vision-and-mission document regarding press freedom, which reads: “Guarantee a free, dynamic, and dignified press by ensuring that regulations are not used to restrict press freedom. Improve social media literacy and promote clean and responsible social media activity.”

The pair is backed by the PDIP, PPP, Perindo, and Hanura Party. Of these four parties, only the PDIP and PPP won seats in parliament for the 2019–2024 term. Both parties supported the passage of the new Criminal Code, the Job Creation Law, and the second revision of the Electronic Information and Transactions Law.

In this partnership, Hary Tanoesodibjoe, founder and chairman of the Perindo Party, is the owner of the MNC Group business conglomerate. Like previous media owners, Hary has used his media network for political purposes to support Prabowo Subianto in the 2014 election and Jokowi in the 2019 election.

’s Recommendations Based on this background, the Coalition offers recommendations to the president-elect and vice president-elect of the 2024 General Election to ensure press freedom in the digital age, including by:

1. Freedom of Expression and the Right to Information

Given that press freedom is heavily dependent on guarantees of freedom of expression and the public’s right to information, then:

• Review and repeal all regulations that may hinder freedom of expression—that is, everyone’s right to seek, receive, and impart information, and to express their opinions.
• Ensuring that all public agencies comply with the Public Information Disclosure Act
• Ensuring that the public and journalists can access public documents for free, easily, and quickly.

2. Sustainability Aspects of the Media

• Regulatory and financial support that promotes a more equitable and transparent media industry and fosters high-quality journalism, involving social media platforms, public funds, and other business models.
• Protecting the media sector from the impacts of economic crises and economic policies that could significantly affect the media, while upholding the principles of journalistic independence and quality.

3. Journalist Safety

Establishing a national mechanism for the protection of journalists includes:

• Preventive: (1) Review all national and regional legislation or regulations that may hinder the press, with a commitment to identifying measures to ensure press freedom, by involving the independent press community, including opening Papua to foreign journalists; (2) Ensuring that the right of reply, the right to correction, and dispute resolution through the Press Council are enshrined as fundamental principles in all legislation and regulations pertaining to the media or information sector.
• Protection: (1) Establish effective, gender-sensitive mechanisms and partnerships for evacuation/relocation, safe houses, and home security for journalists and their families who are victims of violence; (2) Provide easily accessible and transparent safety funds, legal aid, medical support, and psychosocial recovery support.
• Prosecution: (1) Train judges, prosecutors, police, and relevant authorities on their obligations under human rights law, on the role of journalists and democratic society, and on gender-specific issues related to the safety of journalists; (2) Establishing investigative units within the police force and special teams within the prosecutor’s office to handle serious crimes against journalists and the media, as well as cases where the perpetrators involve police or prominent state/public actors.
• Promotion: (1) Campaigns and outreach on the importance of protecting journalists and independent media, the Press Law, and press dispute resolution mechanisms; (2) Journalist safety, including gender-specific issues, should be incorporated into journalism training or education programs, and media and information literacy initiatives should be expanded.

4. Economic Security Aspects for Journalists

• Repeal the Job Creation Law, which undermines the welfare of workers, including journalists.
• Regulatory support to establish journalists’ wages as sector-specific wages across all provinces and require media companies to provide welfare benefits and social protection.
• Ensure protection for the growth of media workers’ and journalists’ unions, both within companies and across companies.
• Establishing an effective oversight mechanism to ensure that media companies fulfill their obligations and that media workers receive their statutory rights.

5. Media Concentration and Transparency

• Regulatory support to limit media ownership by politicians and prevent monopolistic ownership by specific individuals or groups, through effective oversight mechanisms by independent institutions such as the Indonesian Broadcasting Commission (KPI) and the Press Council.
• Regulatory support to promote transparency regarding media ownership and the sources of advertising revenue received by media outlets.

Jakarta, February 12, 2024

Media and Election Advocacy Coalition: Alliance of Independent Journalists, Legal Aid Institute for the Press, Southeast Asia Freedom of Expression Network (SAFEnet), Indonesian Journalists Association (IJTI), Human Rights Working Group (HRWG), Tifa Foundation, Perludem, PPMN, SEJUK, AMSI, FPMJ