Press Release Legal Aid Center for Press (LBH Pers) Intervention of Chinese Embassy to Stop The Licence of Radio Erabaru FM Batam

Statement of principle with regards to the intervention of The Embassy of People’s Republic of China (PRC) to broadcasting activities of Radio Era Baru 106.5 FM (PT. Radio Suara Harapan Semesta) - Batam

The journey of Indonesian people towards a healthy democracy is facing a challenge, press freedom as a reflection of the people’s freedom, was one of the aspects that need for serious attention. The hope of Indonesian people to ensure for their rights to get the accurate information is a goal that has to be continuously fought for and there is no other party that can silence this goal, let alone the foreigners.

It is Radio Era Baru 106.5 FM (PT Radio Suara Harapan Semesta), Batam, founded since 2005 has became a representative of this pluralism in Indonesia, which aired mandarin song, health, talkshow, Chinese culture program and also being critical in broadcasting the actual news (such as avian flu, illegal organ harvesting of Falun Gong practitioners, controversy of the Nine Commentaries of Chinese Communist Party (CCP), persecution of Tibetan, etc), in Mei 2007, The Embassy of People’s Republic of China demand Indonesian Broadcasting Committee (KPI) to close down radio Era Baru with allegation that the content of the Radio Era Baru broadcasting has discredited the PRC Government.

Finally the intervention of the Embassy of PRC has been proven, on the 5th of December 2007 with news printed on Batam Pos Daily stated that radio Era Baru did not pass to get the Broadcasting License (IPP) during the Joint Forum (FRB) which was held in Jakarta on the 5th of October 2007. The processing of the license which is done by KPI and Department of Communication and Information (Depkominfo) is neither transparent nor objective, when not to grant the license to Radio Era Baru. In fact Radio Era Baru 106,5 FM in several aspects (technical, financial, managerial, human resources, etc) are beyond the 5 other broadcasting stations which were granted for the license. Furthermore, the strange thing is Indonesian Broadcasting Committee Province Riau Island (KPID) can not provide consistent and transparent reason on why Radio Era Baru 106.5 FM can not get its broadcasting license (IPP), both KPI and KPID which avoid to take the responsibility has shown the non objective and unusual thing in the processing of the license.

After that, Radio Frequency Monitoring Agency – Department of Communication and Information Province Riau Island, issued a letter to Radio Era Baru FM to close down its broadcasting, ironically there are tens of radios in Riau Province which also broadcasting with the same status as Radio Era Baru but not get the same letter, what is happening behind this?The intervention of the Chinese Embassy to the press freedom in Indonesia seems can not be taken apart from the case of broadcasting license of radio Era Baru 106.5 FM. If this is the case, this is a form of an intervention to press freedom in Indonesia, which threatened the rights of Indonesian people to get the information, moreover this has been done by the foreigner to the sovereignty of Indonesia. This is clearly a violation to the law UU No.44 year 1999 related to press, in section Considering item (c) stated :

“that national press as a media for mass communication, distribution of information and forming of opinion has to carry out as good as possible its principles, functions, rights, obligations and roles, based on the professionalism of press freedom, thus has to get legal assurance and protection, also free from the interference and pressure from any party” (*)
Furthermore in chapter 4 clause (2) also stated “Concerning the national press will not be imposed by censorship, closing down or any broadcasting ban” (*)
In order to create press which is free from all form of closing down, intimidation, and intervention from any party or in the name of anyone. We, Legal Aid Centre for Press (LBH Pers) issue a statement of principles as below:

1. Refusing all type of intervention in any form and from any party to the press freedom in Indonesia, in this case from PRC Government. LBH Pers remind that the press and broadcasting freedom is a basic rights that is protected, assured by the constitution and Universal Declaration of Human Rights, article 19: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

2. Demanding the KPI and Department of Communication and Information (Depkominfo) to explain transparently and objectively the process of issuing the broadcasting license. LBH Pers remind that the non transparency of the processing of the license will give an impression that KPI and Depkominfo bowing to the foreigner intervention.

3. Demanding KPI to be neutral and independent, not affected by the foreign intervention for carrying out its function and roles to regulate the broadcasting. LBH Pers remind that KPI is a state institution that held independent roles, is a realization for society to play a role, by providing a place for aspiration and representing the interest of society on the broadcasting.

4. Urging the Indonesian people to be critical to all the foreign intervention which will halt our freedom to get the actual information.Herewith our press release. Thank you for all the attention and cooperation.

Jakarta, 18th April 2008
Sincerely yours,
LEGAL AID CENTER FOR PRESS (LBH PERS)


Hendrayana, S.H.

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