BANDUNG, unpas.ac.id – Freedom of throwing expression and opinion, including conveying criticism to the government is the focal point of democracy.
The suppression of freedom of expression, opinion, thought, association, and public criticism will cause democracy to cripple.
Discourse about the phenomenon of silencing critics lately has become increasingly prominent when the public is exposed to the practice of criminalizing critics using the article on defamation.
In practice, the criminalization of critics tends to be carried out by rulers, investors, corporations (interest owners) who feel disturbed by criticism.
This matter came to the attention of the Press Defender LPM of Universitas Pasunda which was then discussed in the Public Discussion “Hilangnya Kebebasan Berekspresi di Tengah Politik Anti-Kritik” on Thursday, 8 September 2022.
This discussion presented the Chairman of AJI Bandung Tri Joko Her Riadi, teacher of UIN Sunan Gunung Djati Dr. Mahi M. Hikmat, M.Si., and teacher of Faculty of Law Universitas Pasundan Dr. Rika Kurniasari, S.H., M. Hum.
Journalist, in the Midst of Anti-Criticism Regime
As a journalist, Tri Joko admits that the conditions for freedom of expression and freedom of the press are very worrying, marked by the rise of demonstrations and protests related to the discussion of the RKUHP and UU ITE.
“What is worrying is that the RKUHP is trying to withdraw press offenses which in Law No. 40 of 1999 were included in the mediation of the Press Council. Actually, all journalistic works should not be penalized because the press has a big responsibility to oversee the running of the government,” he explained.
In addition to facing the face of the press whose quality is decreasing, journalists are also faced with a new style of threat of violence that is now shifting from physical attacks to digital ones.
“Not to mention the threat of student press’ banning, mental health issues, sexual harassment, especially female journalists, and poor welfare levels,” he added.
Teacher of UIN Sunan Gunung Djati Dr. Mahi M. Hikmat, M.Si added that a state without freedom of expression and freedom of the press results in loss of control/supervision. People do not know what the government is doing, the emergence of arbitrary powers, and encourages acts of oppression.
“Journalists refer to the theory of media freedom, where publication is free from censorship, criticism of political elites cannot be criminalized, there is no obligation to publish everything, there are no legal restrictions on efforts to collect information for publication purposes, and journalists can demand professional autonomy in their organizations,” he explained.
Criticism Becomes Fundamental Aspect of Democracy
At the end, according to Dr. Rika Kurniasari, S.H., M.Hum, freedom of expression is the constitutional right. Critics becomes mechanism which can be used by public for controlling the implementation of power, to be really oriented for the common good.
People should also be wise in throwing criticism. Throwing it with sarcasm, without substance, or irresponsible source is certainly neither polite nor proper. On the other hand, criticism with common sense, valid data, moral motives, and polite language must continue to be maintained.
“Remember, criticism and condescension are two different things. From a legal point of view, supporting freedom of expression is allowed, but within limits. Make Pancasila the nation’s filter and philosophy,” he concluded. (Reta)**
