Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

The Second Amendment to the Indonesian constitution firmly guarantees free-


dom of opinion. It is based on the principle that freedom of opinion is a manifest-


ation of the people’s sovereignty. In other words, freedom of opinion is guaranteed


as a basic right for citizens. One of the consequences is that the press is free from


any form of prevention, prohibition and/or pressure, so that the public right to


information is guaranteed. It goes further to state that the press is free from


censorship and is not subject to publication and broadcasting bans. In exercising


its social-control function, the press may criticise a government’s policies and


people may engage in public debate on political and economic issues. Based on


the provisions above, the press may provide wide access to the public to obtain


information. Moreover, the provisions above have opened the door for the press to


act as the Fourth Estate.


Prior to the amendments, the Soeharto government followed the concept of


‘development journalism’ or ‘Asian journalism’. His government described the


news media as the ‘government’s partner’ in the process of nation building and


urged journalists to be vigilant and attentive, in an effort to discourage the growing


elements of narrow individualism, and to protect the spirit of unity. President


Soeharto called for the press to be ‘free but responsible’ (bebas tapi bertanggung


jawab) – in contrast to liberal Western values, seen as libertine and irresponsible –


in guarding a dynamic national stability, maintaining the strength of national unity


and speeding development from a base ofPancasila(the five pillars that eventually


became the state foundation: Belief in one God, Humanitarianism, National


Unity, Representative Democracy, and Social Justice) and the Constitution.


This explains why it was that, during the President Soeharto era, ‘development


journalism’ was known as the ‘PancasilaPress’.^25


During President Soeharto’s New Order regime, the press was stripped of


political power, tightly controlled and blatantly co-opted. The press was depoliti-


cised, except in matters such as providing support for the then government and


justifying the latter’s use of repression. The number of licensed publishers was


limited to 289. Bans, and repeals of licences, occurred periodically, in tune with the


political climate of the day. Dissidents who challenged the government’s decisions


on matters related to the press were harassed, prosecuted or even murdered.


Hence reform in this area was overdue when President Soeharto resigned in May



  1. At least 1 , 200 registered newspapers and magazines are now published


in Indonesia. The actual number of periodicals is much higher, since many do


not bother to register or to publish as bulletins. The Indonesian press has faced a


new challenge – lack of professionalism. This condition led many press outlets to


publish fiction and gossip rather than facts, with negative consequences for the


standing and safety of journalists and the press generally.


(^25) Krishna Sen and David T. Hill,Media, Culture and Politics in Indonesia(South
Melbourne, Vic.: Oxford University Press, 2000 ), p. 53.


Constitutional developments in Indonesia 333

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