We're Not Free Press?

This year the World Press Freedom Day was celebrated. This is the 19th anniversary of the declaration of the reporters who posed in the City of Windhoek, Namibia. That is a statement about freedom of press as a major prerequisite woke up and maintaining the nation's democratic system and economic development.

The celebration which falls on May 3 this is an appropriate moment to discuss the condition of freedom of our press, which was released by the reform movement of the New Order regime pasungan nearly 12 years ago. This is the time to question: Has the reform gave birth to an independent and pluralist press in this country?

The answer of course vary, depending on the angle of view and the benchmark used. However, if international standards were used, our press was not entirely free. Reporters Sans Frontier, for example, put Indonesia in the ranks 101 out of 175 countries studied is a multinational non-profit organizations last year. This means that more countries are more free press from Indonesia (100) than the losing Smoking (74). This opinion is shared by Freedom House, which is headquartered at Columbia University, New York, United States, which categorizes the freedom of press in Indonesia as a "half free". Freedom House was only created three categories of the status of press freedom in various countries around the world: free, half free, and not free.

This third category is also applied to the results of annual surveys about the condition of the institute of political rights and civil rights around the world. The result was quite a relief. Since 2006 Indonesia has entered the category of "free", and with the deteriorating condition of democracy in the Philippines and Thailand-up category declined to state "half free" - Indonesia became the only ASEAN member-status "free."

Admittedly, the status of "free" from the sides of the political rights and civil rights but "half free" press freedom conditions are not necessarily ideal, has even entered the yellow light area. Because, guard the independence leader in the field of political rights and civil rights is an independent and diverse press. That is why efforts to make Indonesian press freedom really needs to be strengthened. Only when the national press to reach that condition, our democratic system is safe awake.

To achieve that ideal conditions, several obstacles must be overcome. Roumeen Islam, World Bank Institute researcher, who conducted a comparative study of world press freedom, concludes that the legal infrastructure of each country determine the most press freedom conditions.

In countries that still mempidanakan defamation and insult, according to Islamic Roumeen, press freedom can not be achieved. Even in countries that have not mempidanakan this offense but the burden of proof in the civil system is still adhered to the principle of proof on the defendant is charged and the "absolute truth of the facts is not an excuse for a defense", difficult to expect the media to do investigative reporting to the public interest because the stakes are too high. So, in order to achieve independence of the press, and effective role to maintain the democratic system and economic development with justice, the offense of defamation and insult should be expelled from the criminal justice system, and the burden of proof of this offense on civil law system must be charged to the plaintiffs.

Ideally, this law applies in countries which Uncategorized press freedom. In the United States is essentially the first amendment of the constitution, but in many other countries of the guards is a regional human rights courts respectively. In European countries that are members of the European Union or the Council of Europe, for example, the European Human Rights Court in Strasbourg disclaims all legal chapter in the country that still mempidanakan defamation and insult. The same is done by a court of human rights in Latin America and in Africa. Unfortunately, Indonesia is located in Asia Pacific, the only region in the world who do not yet have a regional human rights courts.

Even the government and parliament to increase the severity of the punishment of defamation and insults through the Law on Information and Electronic Transactions (ITE), almost three times from the threat of the Criminal Code which made the Dutch colonizers. Strangely, the same laws even mengkorting punishment for gambling via the Internet to a maximum of six years from 10 years promised by the Law No. 7 Year 1974 on criminal gambling.

Prita Mulyasari imprisonment for writing a complaint about the Omni Hospital services through electronic mail has made public anger against injustice articles 27 and 45 of this Act ITE. No less than President Susilo Bambang Yudhoyono has responded by promising to revise this law at the time berkampenye direct presidential election early last year.

Improving the Press Act, making the constitutional rights of freedom of the press become, eliminating the offense of criminal defamation and insult from the Criminal Code is another activity that we must do in order to press freedom in Indonesia has reached a status of "free" world scale.

In contrast with the press and Internet users sued for more professional in filling the existing independence. Communities were asked to maintain his critical attitude towards the media by refusing to support a press that was not ethical and supporting quality press.

By doing it all, so-so we hope the celebration of World Press Freedom Day next year, the condition of the national press was promoted to the status of "free." So who's afraid?