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Journal : LAW REVIEW

Komisi Kebenaran dan Rekonsiliasi, Permasalahan dan Prospeknya Lesmana, Tjipta
LAW REVIEW Vol 5, No 1 (2005)
Publisher : Pelita Harapan University

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Abstract

As a nation and state Indonesia is currently in a terribly "bad shape " facing multi-dimension crisis, foremost are economic crisis, judicial crisis and moral crisis. Etnic as well as vertical conflicts are pervasive everywhere. Promoting national unity and reconciliation are absolute prerequiste to address those crisis. Creation of Commission for Truth and Reconciliation as stipulated in Act Number 34/2004 is a positive and important step for crisis management. Implementation of The Commission, however, should be carefully and wisely guided. The Commission is not to punish, bur rather to  uncover and heal the nation. Those who confessed their crimes truthfully should be granted immunity from prosecution. Ultimately, the goals of Commission is to contribute to end and account for past abuses of authority, to promote national reconciliation and/or bolster a new political order or legitimize new policies. To fulfil its objective it is imperative that the Commission comprise of members whose loyalty to Unity State (NKRI), Pancasila and Constitution is firm, non-pratisan, and has a strong drive to promote the just and prosperous Indonesia in the future.
Delik Penghinaan dan Beberapa Aspeknya Studi Perbandingan Antara Indonesia dan Amerika Lesmana, Tjipta
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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Abstract

Press freedom in Indonesia enjoys euphoria following the downfall of Soeharto regime in May 1998. Embarking libertarian theory Indonesia press is putting heavily its function as watchdog, monitoring and supervising all aspects of life in the nation, notably government activities. But the radical change in press life was generally viewed with high discontent among people. They regard the phenomenon as "too luxurious " and cannot be afforded by people 60% of them are uneducated and poor. Various negative impacts were detected during the past 5 years of liberal press experiment. Some journalists, for example, have tendency to recklessly write their reports which defame others and bring law suit in the court. No less than 20 libel cases were trialed since 1998. Publishers and journalists were mostly lost the cases, being heavily fined or threatened to be imprisoned. Some journalists are worried that they become the target of litigation for libel, making accusation that press freedom in the country is currently in a bad shape. Is press trial indeed threatening freedom of the press? This is the research question. It is a qualitative study, using content analysis to collect the data required. About 20 libel cases, 10 in Indonesia and 10 in United States, were carefully investigated. Special attention was paid on 9 aspects of libel case, i.e. correction right (hak jawab), denial right (hak tolak), public interest, public figure, news source, right quotation, true/false report, check-andbalance,  and malice or reckless disregard of the truth. Textual unit analysis is applied, especially views delivered by judges, journalists, and experts in journalism. Comparative study was applied to understand similarities and differences of opinions in both countries.
Undang-undang Pers Sebagai Lex Specialis Lesmana, Tjipta
LAW REVIEW Vol 4, No 2 (2004)
Publisher : Pelita Harapan University

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Abstract

Indonesia press enjoy optimal freedom following the down fall of Soeharto regime. The press now is free to criticize, even to condemn government officials, including the President. However, That freedom which is liberal in nature might results negative in impacts. People are conscious that too much freedom for the press could inflict disorder, or instability in society. The alternative to restrain liberal type of press freedom is by bringing the press to the court for its publicity. There has been more than 10 press law suits for the past 5 years. Mostly the press are weak in legal position. They criticize the  judges for using penal code (KUHP) in trying the press. They urge the application  of Press Law (Law No 40/1999), under the principle of "Lex Specialis derogat legi generali". However, most of legal experts opinion are that our current Press Law could not be labeled as Lex Specialis.