Abstract
This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.
Highlights
After the transition of power from the New Order (Orde Baru) to the Reformation Order in 1998, press freedom in Indonesia began to improve, and all laws and regulations that have impeded press freedom were reevaluated
The results show that the Indonesian Press Law does not have a clear system of legal liability
The right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion
Summary
After the transition of power from the New Order (Orde Baru) to the Reformation Order in 1998, press freedom in Indonesia began to improve, and all laws and regulations that have impeded press freedom were reevaluated. Law No 40 of 1999 on the Press has greatly improved the freedom of the press Those discourses are influenced by the concept of freedom of expression. McQuail, argues that the concept of media freedom covers both the degree of freedom enjoyed by the media and the degree of freedom and access of citizens to media content He said that “The essential norm is that media should have a certain independence, sufficient to protect free and open public expression of ideas and information. The following question: if the Press Law requires no criminalisation of the press, how is the protection of the privacy rights granted in the Civil Code enforced? A question which arise at this stage is while performing the aforesaid function, does press enjoy any special right or privilege? The following question: if the Press Law requires no criminalisation of the press, how is the protection of the privacy rights granted in the Civil Code enforced? This study will analyse how legal justice can be obtained by the public regarding privacy rights in relation to the freedom of the press in Indonesia
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