News
Constitutional court annuls law on election advertising quota
NU Online · Selasa, 24 Februari 2009 | 19:15 WIB
Jakarta, NU Online
The Constitutional Court has approved a request for a judicial review on two articles of the 2008 General Election Law that, among other things, regulate the total amount of political advertising allowed by each candidate.
The chairman of the presiding judges, Mahfud M.D. said article 98 and article 99 of the law had to be annulled as they violated article 28 of the 1945 Constitution on freedom of expression.<>
“The articles have also caused legal uncertainties and unfairness in the society,” he said as quoted by state news agency Antara.
Article 99 stipulates that all media outlets must give equal quotas of advertising space to legislative and presidential candidates.
Article 98 stipulates that any media that violates the election law will be sanctioned by the Indonesian Broadcasting Commission, with a maximum penalty of a revocation of all publishing licenses.
“It is stated that either the press council or the KPI may punish the media, while in fact, they do not have any authority as stipulated in the 1999 law on the press,” he said, highlighting the legal ambiguity of the article.
The request for the judicial review was submitted by a group of managing editors from eight local print media outlets: Harian Terbit, Sinar Harapan, Suara Merdeka, Rakyat Merdeka, Media Bangsa, Koran Jakarta, Warta Kota and Cek & Ricek.
A spokesperson for the group of editors, Tarman Azzam, praised the presiding judges for making the right decision, saying that the election process should not jeopardize press freedom.
“The verdict shows the judges’ progressive thoughts. And with this decision, the General Elections Commission can no longer threaten press freedom. They don’t have any rights to do so,” he said. (jp/dar)
The Constitutional Court has approved a request for a judicial review on two articles of the 2008 General Election Law that, among other things, regulate the total amount of political advertising allowed by each candidate.
The chairman of the presiding judges, Mahfud M.D. said article 98 and article 99 of the law had to be annulled as they violated article 28 of the 1945 Constitution on freedom of expression.<>
“The articles have also caused legal uncertainties and unfairness in the society,” he said as quoted by state news agency Antara.
Article 99 stipulates that all media outlets must give equal quotas of advertising space to legislative and presidential candidates.
Article 98 stipulates that any media that violates the election law will be sanctioned by the Indonesian Broadcasting Commission, with a maximum penalty of a revocation of all publishing licenses.
“It is stated that either the press council or the KPI may punish the media, while in fact, they do not have any authority as stipulated in the 1999 law on the press,” he said, highlighting the legal ambiguity of the article.
The request for the judicial review was submitted by a group of managing editors from eight local print media outlets: Harian Terbit, Sinar Harapan, Suara Merdeka, Rakyat Merdeka, Media Bangsa, Koran Jakarta, Warta Kota and Cek & Ricek.
A spokesperson for the group of editors, Tarman Azzam, praised the presiding judges for making the right decision, saying that the election process should not jeopardize press freedom.
“The verdict shows the judges’ progressive thoughts. And with this decision, the General Elections Commission can no longer threaten press freedom. They don’t have any rights to do so,” he said. (jp/dar)
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