Palopo, Sulbarkita.com -- Media and press legal expert from Universitas Airlangga, Dr. Herlambang Perdana Wiratraman became an expert witness in the follow-up trial of the ITE Law case with the accused journalist Muh. Asrul, at the Palopo District Court, South Sulawesi, on Wednesday 8 September 2021.
According to Herlambang, the case of the ITE Law which ensnared the journalist for the Berita.News media should not go to court. "This case is clearly very premature, not worthy of trial, because the reported news has never gone through a dispute resolution mechanism at the Press Council in accordance with the mandate of the Press Law," said Herlambang who was presented via zoom by legal advisor Asrul from LBH Makassar.
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At the trial chaired by Judge Hasanuddin, as Chairman of the Panel of Judges, Herlambang explained that a case for a news story must go through a special mechanism regulated by the Press Law number 40 of 1999 because it is lex specialis.
The affirmation of the Press Law as lex specialis is strengthened by the Circular Letter of the Supreme Court (SEMA) number 13 of 2008 and the MoU of the Police and the Press Council. Thus, continued Herlambang, dragging Asrul with the ITE Law would be wrong without a mechanism for the right of reply and dispute resolution at the Press Council.
"So it's a big mistake if someone criminalizes journalistic activities, without a mechanism in the Press Council because it involves the profession. The Supreme Court's decision also strengthens it. The Press Council recommendation is a special recommendation according to the Supreme Court's decision, it cannot be criminalized," explained Herlambang who also Former Director of the Center for Law and Human Rights Studies, Airlangga University.
"Anyone can report news criminally, but when dealing with the press, the procedure must be to the Press Council first. This law has its own legal system outside the criminal system," added Herlambang.
In addition, Herlambang emphasized that the judiciary does not have the authority to judge whether a news item has met the elements of journalistic rules and or journalists violate the code of ethics. The assessment is the domain of the Press Council.
"Lex Specialist on the Press Law is tested with a journalistic code of ethics, not the Criminal Code. Lex Specialist on the Press Law has a stronger position in the Supreme Court's jurisprudence. The 2021 SKB also mentions Lex Specialis," he said.
Herlambang also mentioned that when a news item was posted on social media, it could not be mistaken for the ITE Law, because the spread of news on social media is inherent in the editorial work of press companies.
Asked by the judge regarding the two statements that the Press Council assessed on the news written by Asrul, Herlambang explained that police investigators should have referred to the second letter before setting Asrul as a suspect in the ITE Law.
The second letter from the Press Council stated that the three stories reported by the Head of the Palopo BKPSDM, Farid Kasim Judas, were journalistic products. "According to legal principles, the most binding product is the newest one. Police investigators should use the second letter as a consideration before proceeding with this case," he asserted.
TS/kabar.news
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