Implementation of Investigations and Prosecution by the Corruption Eradication Commission Based on Law of the Republic of Indonesia Number 19 of 2019 concerning the Corruption Eradication Commission

Abstract

Law of the Republic of Indonesia Number 32 of 2002 concerning Broadcasting (Broadcasting Law) explains the definition of broadcasting in Article 1 paragraph (2) with the words "Broadcasting is the activity of broadcasting broadcasts through broadcasting facilities and/or transmission facilities on land, at sea or in outer space with using the radio frequency spectrum via air, cable, and/or other media to be received simultaneously by the public and the receiving device. The definition of broadcasting in the Broadcasting Law does not mention broadcasting via internet networks/infrastructure or over the top, thus broadcasting via social media platforms is still a question of whether it is subject to the Broadcasting Law or other laws. Regarding this matter, RCTI and iNews TV (MNC Group) submitted a material review to the Constitutional Court which essentially requested that the definition of broadcasting as mentioned in Article 1 paragraph (2) of the Broadcasting Law include providers of over-the-top (OTT) audiovisual services, or internet-based digital platforms such as YouTube, Instagram, or Facebook. RCTI and iNews argue that the request for judicial review of the Broadcasting Law for equality and moral responsibility of the nation is motivated by the desire to provide equal treatment and protection for all Indonesian people. Broadcasting is the activity of broadcasting broadcasts through broadcasting facilities and/or transmission facilities in the air, at sea, or in outer space using the radio frequency spectrum via air, cable, and/or other media to be received simultaneously and simultaneously by the public and broadcast receiving devices. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific to those related to the research issue. Legal Review of Media Broadcasting Activities in the Perspective of Law no. 32 of 2002. This research shows that if we look more closely, Law No. 32 of 2002 concerning Broadcasting has two important spirits, firstly, a broadcasting structure that is free and used solely for services to the community, not the interests of media owners. Second, the spirit of strengthening local entities which includes the spirit of regional autonomy by covering a comprehensive network system extending to the outermost areas. Broadcasting operations in several countries in the world are regulated by the laws and regulations in force in that country. Indonesia regulates broadcasting in Law Number 32 of 2002 concerning Broadcasting (Broadcasting Law).