Press Council Applauds Constitutional Court's Journalist Protection Ruling

TEMPO.CO, Jakarta - Chairperson of the Press Council, Komaruddin Hidayat, has expressed his appreciation for the Constitutional Court's decision regarding legal protection for journalists, as stipulated in Article 8 of Law No. 40/1999 on the Press. Komaruddin emphasized that the ruling serves as a vital safeguard for national press freedom. However, Komaruddin noted that the current climate for press freedom in Indonesia remains precarious. "I am concerned by the pressure and critical influence still exerted [on the press]," he stated when contacted on Tuesday, January 20, 2026. Komaruddin reaffirmed his commitment to ensuring that press-related disputes are settled through the Press Council rather than through the courts. This aligns with the MK ruling, which mandates that any criminal or civil lawsuits against journalists must first undergo the Press Council's internal handling mechanisms. "We will review this with legal experts and seek input from the journalistic community immediately," he added. While Komaruddin stopped short of concluding whether the ruling would definitively end the criminalization of journalists, he noted that modern reporters now have alternative platforms, such as social media, to voice their concerns. He suggested that if the public continues to speak out against the criminalization of the press, such cases are likely to decline. The ruling follows a judicial review petition filed by the Legal Journalist Association (Iwakum). The Constitutional Court partially granted the petition, affirming that journalists cannot be directly prosecuted without first exhausting the mechanisms provided by the Press Council. Chief Justice Suhartoyo delivered the verdict for petition number 145/PUU-XXIII/2025 at the Constitutional Court Building in Central Jakarta on Monday, January 19, 2026. "Granting the petitioners' request in part," Suhartoyo announced during the hearing. Iwakum’s petition specifically targeted Article 8 of the Press Law, which guarantees legal protection for journalists in the line of duty. The association argued that the article was dangerously vague, failing to define the nature of that protection and leaving journalistic work vulnerable to criminal and civil litigation. In its legal considerations, the Court underscored that all press disputes must prioritize restorative justice over repressive measures. This involves utilizing the right of reply, the right of correction, and mediation through the Press Council before any legal action can be initiated. The Court acknowledged that the original wording of Article 8 failed to offer clear protection, creating a loophole where journalists could be legally pursued prematurely. Consequently, the Court provided a new, binding interpretation of the article to prevent such bypasses of the Press Law. The MK stated that the phrase "legal protection" would be considered unconstitutional unless it is interpreted to mean that criminal or civil sanctions against journalists can only be applied after the completion of the Press Council's procedures, including the right of reply and correction. Sultan Abdurrahman contributed to the report Read: Indonesian Court Bars Direct Criminal, Civil Prosecution of Journalists