AJI strongly suggests that the Indonesian Police Headquarters should instead pursue procedures stipulated in Press Law no 40/1999 - to exercise their Right to Reply or to file their complaint to the Press Council. "Criminalization against 'Tempo' implies that the police disrespects the Press Law," said Nezar Patria, president of AJI Indonesia.

Indonesian Police Headquarters filed criminal defamation charges against Tempo before the Police Criminal Unit - an institution under the National Police itself. This lawsuit was triggered by the cover story of an issue of Tempo entitled, "Fat Bank Accounts of Police Officers". The magazine's cover featured an illustration showing a brown-uniformed policeman with piggy banks. The head of the National Police was infuriated by the piggy bank image - a degradation to policemen, he said.

"This illustration does not fall under defamation, because it can be interpreted as the police carrying out his duty to investigate dubious accounts," Nezar Patria argued.

Nezar added that the cover of Tempo news magazine constitutes an artwork. "It can stand on itself as a distinct work of art, while at the same time providing illustrative context to a journalistic work." Following this line of argument, magazine covers can be understood separately from the news report. "It is like the cover illustration on the book, novel or short story illustration on newspaper," explained Nezar.

Moreover, AJI is concerned that the Police uses Articles 207 and 208 of the Indonesian Criminal Code. These articles cover criminal defamation; filing of criminal defamation charges is a classic measure to muzzle the press. Criminal defamation laws are like the infamous "rubber articles", a legacy from the Dutch colonial era - the ones which should be revoked by an independent and democratic nation such as Indonesia. "It is a shame that the Police uses tools of colonial-time repression to silence Tempo," said Margiyono, advocacy coordinator of AJI Indonesia.

AJI Indonesia is worried that the charges filed by the Police, now at the hands of the Police Criminal Unit, constitutes a conflict of interest. "No one can be sure that the Police Criminal Unit will remain impartial in handling cases filed by its own superior officers," Margiyono explained.

The Tempo cover story should be used by the National Police to enhance its professionalism and uphold the law objectively. Police should avoid "killing the messenger."

AJI Indonesia concludes that the filing of criminal charges against Tempo is an evidence of the lack of seriousness in reforming the police. Rather than filing a protest, the head of the National Police should do its best to investigate the alleged illegal accounts of its own high-ranking officials. This way, the police can maintain its good image through active and responsive measures to uphold clean governance, as mandated by Indonesia's reform movement and its Constitution.

For further information, contact:

1. Nezar Patria, Head of AJI Indonesia at +62811829135
2. Margiyono, Advocacy Coordinator AJI Indonesia at +628161370180

SOURCE

The Allansi Jurnalis Independen (Alliance of Independent Journalists or AJI - http://clicks.aweber.com/y/ct/?l=P5eF_&m=1e.In0j3PzKXin& b=zBAX38nIHfoWtExWEBwM_Q) is a founding member of the Southeast Asia Press Alliance (SEAPA). Based in Jakarta, Indonesia, AJI seeks to promote press freedom and protect the rights of Indonesian journalists.