BREAKING UP A FIGHT: INDONESIAN BROADCASTING COMMISSION VERSUS GOVERNMENT
Oleh : Dedy Kurniadi
An Advocate (A Specialist in Entertainment and Broadcasting Law)
Perhaps it needs a little explanation and background why an advocate like me feels necessary to ask everyone to break up a fight between Indonesian Broadcasting Commission and government.
First of all, there is an open dispute between those parties. In the beginning, the dispute did not emerge to the surface. However, after the Constitutional Court has amputated the Indonesian Broadcasting Commission’s authority to set up the Government Regulation on broadcasting, this dispute appears. The Indonesian Broadcasting Commission accuses the government of monopolizing the broadcasting authority while the government makes an excuse by saying its act is legal according to the law.
Second, the dispute between those parties has created a legal uncertainty. This uncertainty, afterwards, forms a great loss for the broadcasting interest in general. The Government’s statement which quoted by the press declared that the implementation of several Government Regulations (PP) on broadcasting is delayed for one or two month time. However, the statement is not followed by a concrete product of law so that in accordance with “de jure” those Government Regulations are still valid and absolutely not under suspension. This condition is very apprehensive where all of us are made to encounter a grey area whether or not the product of law is valid. On the other hand, the Indonesian Broadcasting Commission in the meantime seems enjoying it since this condition is amply helpful to their resistance to the government’s domination. Consequently, now we are facing a legal uncertainty just because the two institutions consider they have the authority to delay a constitution mandate.
Third, philosophically, we are the owner of the public domain named radio frequency spectrum. Due to the fact, we are very concerned of the certainty of a broadcasting regulation. The existence of the Indonesian Broadcasting Commission and the government in broadcasting field is the result of a political process. Their existence represents the implementation of civil rights upon the limited resource called radio frequency spectrum, which becomes the main resource in the world of broadcasting. Because of that, every citizen needs to question whether the dispute between the Indonesian Broadcasting Commission and the government has really considered the broadcasting interest broadly.
The Broad Interest of Broadcasting
The rationality of broadcasting anywhere has to be started from the Indonesian people’s ownership of the limited resources named radio frequency spectrum. The ownership gives birth to a right to enact prerequirements so that radio frequency is used in accordance with public interest and necessity and also has to assure public pleasure.
Based on the rationality above, it is natural if the world of broadcasting receives many complaints from public. Related to the rationality, the complaints are equal to an owner’s complaints to a frequency’s tenant. Furthermore, public actually has given an authority to the broadcasting industry to fulfil the collective frequency. Due to that reason, public has the right to claim the authority to be implemented; not to fool people but to educate them; not to destroy reason but to built morality.
If it is not within the spirit of ownership, public complaint is more likely to be understood as an expression of feeling. The people seem powerless in facing the broadcasting industry’s invulnerability. The complaint illustrates the inexistence of access and handicap in expressing interest. Paying a close attention to this condition, the biggest public interest is a big access to influence the condition of broadcasting. Literally, the existence of the Indonesian Broadcasting Commission as an Independent State Institution and the government are to empower the interest. The Indonesian Broadcasting Commission and the government altogether, under dispute or not, are fully responsible of executing the public interest.
For the sake of our good presupposition against the broadcasting industry, it is for sure that the industry expects an assurance on the regulation. Dedication to rating has given birth to a free competition to save investment. Violent programs, misuse of religion symbols and other sensational forms which harm reason is the form of the hard competition to struggle for audience. The tv commercial budget which exceeds 20 billion Rupiahs is struggled every year and the rating is the weapon to win the competition.
An assurance on regulation and an action to control the free competition amongst broadcasting industries are required. Without any certainty that there will be a definite and fair regulation, there will be no broadcasting industries wanting to admit defeat to public complaints. The Indonesian Broadcasting Commission and the government should implement the mandate of Broadcasting Act to execute the curb.
It is a bit clearer for us that the broad broadcasting interest needs an urgent handling. The dispute between the Indonesian Broadcasting Commission and the government has inflicted the interest. The spread of concern nowadays is due to the stagnant process in the settlement of the dispute. It needs to be realized that the national broadcasting system is also constituted of broadcasting industries and public. These two elements are very crucial in implementing the mandate of broadcasting act. It is not the reason for the national broadcasting system to be stagnant because of the disagreement between the two motors of the system which are the Indonesian Broadcasting Commission and the government.
By means of breaking up, it is not wrong if I, as the citizen, propose an appeal for the two motors of the national broadcasting system.
To the Government
The Government is burdened with an important task to implement the spirit of Broadcasting Act. The Government has a strategic position to determine the colour of implementation of the Act. In that position, it is not wrong to say that they are the most senior element in the broadcasting system. Therefore, it is important for them to occupy position which could give freedom to another element, the Indonesian Broadcasting Commission.
The condition of the relationship between the Indonesian Broadcasting Commission and the government lately depicts a political concept of broadcasting adhered by the government. This political concept which inclines to eliminate the Indonesian Broadcasting Commission is surely could be translated as a political concept which exclude public. This attitude gives birth to political consequence in the future. The government is supposed to empower the Indonesian Broadcasting Commission as the Independent State Institution or at least gives a definite limited time about when the national broadcasting system could provide a more strategic place for the Indonesian Broadcasting Commission. Without that, the government, which should have taken the role as the development agent of broadcasting industry, could not avoid the political rumour concerning broadcasting. The government needs to build the trustworthy atmosphere with the Indonesian Broadcasting Commission. No matter what, the success of the broadcasting system development is one of the successful reports to the government in charge.
To the Indonesian Broadcasting Commission
It needs a long time to build a broadcasting commission as strong as FCC in USA, which is established in 1934. Being a strong regulatory body requires a long time and struggle. Support is needed from various sides so that the Indonesian Broadcasting Commission could be a strong institution either politically or juridical. They could not only rely on to the power of the Broadcasting Act to save its position but they have to conduct education and campaign both for political and social system to obtain endorsement.
It also needs to be realized that several independent state institutions take time to achieve the strategic position. The idealism of Act and institution is not perpetuity easy to be materialized since the Act has to encounter political and social reality where the Act is born. Due to the fact, it is natural if the Indonesian Broadcasting Commission needs to arrange its rhythm of struggle in order to perform a more effective attack and to possess a strong stamina in struggling. A political defeat for the time being is not the end of everything. The scent of support from various societies needs to be organized for the sake of pressing the government so that the schedule of settling the controversy of the Government Regulation on Broadcasting could soon be settled.
In essence, the agreement between the Indonesian Broadcasting Commission and the government concerning the points of dispute and its solution is required. The intended solution is of course not as easy as finishing this essay. However, it should come to our realization that the broadcasting system is not solely belongs to the Indonesian Broadcasting Commission and the government. Because of that, the Indonesian Broadcasting Commission needs to sort out, when they should be at odds and when they should cooperate.
- comment -
