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59 J.L. Pol'y & Globalization 72 (2017)
The Interpretation of Inhibiting and Obstructing in the Act 18 of the Law Number 40 of 1999 on the Press

handle is hein.journals/jawpglob59 and id is 73 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.59, 2017 iISTE The Interpretation of Inhibiting and Obstructing in the Act 18 of the Law Number 40 of 1999 on the Press Zainal Arifin1 I Nyoman Nu Jaya2 Prija Djatmika3 Nurini Aprilianda3 I.Doctoral Candidat of Criminal Law, Law Faculty of Brawijaya University, Malang 2 Professor of Antropology of Law, Law Faculty of Brawijaya University , Malang 3. Associate Professor of Criminal Law, Law Faculty of Brawijaya University , Malang Abstract This study on the interpretation of inhibiting and obstructing in the Press Law appears as the result of, till today, many law executors have not yet applied the Law of Press to give decision any conducts that block and obstacle done by individual or institution toward the journalist who in duty of his journalist profession. For that reason, the writer takes the problem statement on: The interpretation of inhibiting and obstructing in the Act 18 verse 1 of the Law Number 40 of 1999 on Press. The study purposes to find out and analyze the real meaning of the words inhibiting and obstructing in the same Act. The research uses method of normative legal study. Having conducted the study, some conclusions were found: the meaning of inhibiting and obstructing in the Act 18 verse (1) of the Law Number 40 of 1999 on Press till today has not been formulated precisely and correctly, therefore it is still uncertain or vague. Keywords: The interpretation of inhibiting and and obstructing, the Press Law A. Introduction The Act 28 E verse (3) of The Indonesian Fundamental Constitution of 1945 has guarantee everyone freedom to follow organization, and give opinion. The press including printed media, electronic media and online, becomes one of intruments to give opinion for the Indonesian people. The function of giving opinion maximumly via medias and freedom of press are needed because the press freedom refers to one of people integrity forms and necessary element in democratic society, country and state life. In the democratic life, responsibility to the people can be guaranteed, when the system of conducting the country is transparent and justice and truth reveal. The press having freedom to find and give information is necessary to create Human Right in Indonesia guaranted using the Decision of People's Consultative Assemby of Indonesian Republic Number: XVII/MPR/1998 on the Human Right, stating that: Everyone has right to communicate and obtain information. The guarantee is in line with the United Nations Charter on the Human Rights Act 19 stating: Everyone has right on freedom to have and give opinion; including freedom to have opinion without any bother, and to find, accept, and give the information and idea via any kind of medias and not limitated by areas borders.' The press freedom becomes one of people democratic forms and ecessial element to create democratic society, country and state life. The democratic society, country and state life, freedom to give idea and opinion based on the deepest heart and the right to obtain information, belong to the truth of human right, needed to keep the justice and the truth, develop the general welfare, and educate the national life. The national press as the place of mass communication, informational spreader, and opinion crator must be able to do its fundamental, function, right, responsibility, and role in better way based on the professional press freedom, thus it needs guarantee and legal protection, as well as freedom from any influences and forces. According to Act 18 verse (1) of the Law Number 40 of 1999 on the Press, it states that: Everyone who legally againts the law by conducting action that result in inhibiting and obstructing the implementation of Act 4 verses (2) and (3) is condemned with in prison sentence maximum 2 (two) years and fine maximum Rp. 500,000,000.00 (Five hundreds millions rupiah).'2 The Act 4 verses (2) and (3) of the Law Number 40 of 1999 on Press states: (2) Toward the national press, it does not applied censoring, bans or restriction broadcasting. (3) To guarantee the press independence, the national press has rights to search, obtain, and broadcast ideas and information.3 In the Law Number 40 of 1999 on Press, it does not explain in detail and certain on the meaning of inhibiting and obstructing, thus the understanding on the Act 18 verse (1) is still vague. B. Problem Statement Based on the above explanantion, it formulates the problem statement: What the meaning of inhibiting and obstructing being stated in the Act 18 verse 1 of the Law Number 40 of 1999 on Press? 1 Act 19, The Universal Declaration of Human Right (DUHAM) of 1948 2Act 18 verse (1) The Law Number 40 of 1999 on Press 3bid Act 4 verses (2) and (3) Journal of Law, Policy and Globalization wwwiise-org

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