Defamation Cases Obstruct Press Freedom in Indonesia

The International Federation of Journalists (IFJ) strongly supports the ”Stop Criminalisation of the Press” campaign by its local affiliate, the Alliance of Independent Journalists (AJI), after two incidents involving criminal charges against journalists resurfaced this month.

Risang Bima Wijaya, a journalist and former general manager of Radar Yogya Daily, was detained by Bangkalan Madura Resort police on December 9 and taken to the Sleman prosecutor’s office before being taken to Yogyakarta. AJI reports the police did not have a warrant for Wijaya’s arrest.

Wijaya is calling for a retrial of a criminal defamation case brought against him in 2004 by the director of Kedaulatan Rakyat Daily, Sumadi M. Wonohito. The case relates to Wijaya’s reports about an alleged incident of sexual harassment by Wonohito. Despite many appeals, the Yogyakarta High Court and the Supreme Court upheld the ruling, and Wijaya was sentenced to six months in jail. He has been working for Jawa Pos newspaper while his current appeal is processed.

Meanwhile, a criminal defamation case against Bersihar Lubis, a columnist for the Koran Tempo daily, has been in the courts since September 19. Bersihar is being tried on allegations of insulting the Attorney-General’s office in an article published on March 17. The article criticised the office for a ban on a high-school history textbook. Bersihar is being tried under articles 207 and 316, connected with article 310, of the Criminal Code, the legal mechanism for crimes against authorities.

According to a report issued by AJI president Heru Hendratmoko to mark World Press Freedom Day this year, legal charges and lawsuits against media workers in Indonesia can come under two separate and often contradictory laws. The first is the Criminal Code, which contains articles about libel, defamation against the head of state, insult against religion or assault of chastity. Articles 311 and 317 relate to defamation and defamation accusations.