Press Freedom and Democracy in Indonesia: Is the Constitution Still on Their Side?

The Indonesian journalism community has once again been shaken by an act of terror targeting a media office.

The Indonesian journalism community has once again been shaken by an act of terror targeting a media office. An unmarked package containing a severed pig’s head was sent to the office, followed by a headless rat carcass later that same week. This incident is not a one-time occurrence. Such acts of intimidation serve as a stark reminder that press freedom in Indonesia remains under constant threat.

History has shown that attacks on journalists have not happened in Indonesia. One of the most shocking cases was the Charlie Hebdo tragedy in France in 2015, when armed assailants stormed the satirical magazine’s office, killing 12 people, including journalists and cartoonists. Another globally significant case was the murder of Jamal Khashoggi, a journalist for The Washington Post, who was killed inside the Saudi Arabian consulate in Istanbul in 2018.

In Indonesia, violence against journalists has persisted since the New Order era. One of the most infamous cases is that of Fuad Muhammad Syafruddin (Udin), a journalist from Bernas Yogyakarta, who was beaten to death in 1996 after reporting on alleged corruption involving local officials. To this day, his case remains unresolved, reflecting the weak protection of journalists and press freedom in Indonesia. Another tragic case is that of Narendra Prabangsa, a journalist for Radar Bali, who was found dead at sea in February 2009. He had been kidnapped, beaten, and murdered due to his reporting on alleged irregularities in a government education project.

Democracy at a Crossroads: From Nawacita to Astacita

The increasing cases of intimidation and the silencing of journalists have further complicated Indonesia’s political landscape, particularly as the country transitions from President Joko Widodo to Prabowo Subianto. This shift in leadership raises concerns about potential changes in policy, governance strategies, and, most importantly, the approach to freedom of expression.

Jokowi, who comes from a civilian and business background, is often seen as a populist and pragmatic leader. In contrast, Prabowo, with his military background and close ties to the Soeharto era, represents a different leadership paradigm. This naturally raises an important question: What will happen to democracy and press freedom under Indonesia’s new leadership?

Although leadership may change, the country’s constitution remains the same. The 2000 amendment to the 1945 Constitution reinforced democracy as a fundamental principle of governance. Article 28E (2) and (3) explicitly state:

“Every person has the right to freedom of belief, to express their thoughts and attitudes according to their conscience, and the right to freedom of association, assembly, and expression.”

This principle aligns with Article 19 of the Universal Declaration of Human Rights (UDHR), which guarantees freedom of speech and expression without intimidation:

“Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media, regardless of frontiers.”

Furthermore, Indonesia has ratified the International Covenant on Civil and Political Rights (ICCPR) through Law No. 12 of 2005, further strengthening legal protections for press freedom.

Compared to some countries, such as Australia, where freedom of expression is not explicitly stated in the constitution, Indonesia has a clear legal foundation for safeguarding free speech and journalism. However, the real question remains: Is Indonesia genuinely committed to upholding press freedom?

Press Freedom in Indonesia: Between Ideals and Reality

In practice, press freedom in Indonesia continues to face significant challenges, including the criminalization of journalists, censorship, and media intimidation. Laws such as the Electronic Information and Transactions Law (UU ITE) and the new Criminal Code (KUHP) are frequently used to suppress critical voices. Reports from the Alliance of Independent Journalists (AJI) document dozens of cases of violence against journalists each year, ranging from online intimidation and hacking to physical assaults. This alarming trend highlights the gap between legal guarantees and the harsh reality faced by journalists in the field.

As the fourth pillar of democracy—alongside the executive, legislative, and judiciary—the press plays a crucial role in preventing abuses of power, ensuring government transparency, and fostering public participation in politics. The media also functions as a public sphere, enabling rational discussions essential for a healthy democracy. From a media theory perspective, Indonesia stands between the social responsibility and authoritarian models, as outlined by Fred S. Siebert, Theodore Peterson, and Wilbur Schramm. These models classify the press into four main categories:

  1. Authoritarian Press – The media is controlled by the government and is prohibited from criticizing the state.
  2. Libertarian Press—The media operates freely without government interference.
  3. Social Responsibility Press—The media enjoys freedom but must adhere to journalistic ethics and serve the public interest.
  4. Soviet-Communist Press—The media functions as a propaganda tool for state ideology.

Ideally, Indonesia should follow the Social Responsibility Press model, ensuring press freedom while maintaining journalistic ethics. However, in many cases, Indonesia leans toward the authoritarian model, where critical media outlets face significant pressure from the government or powerful groups.

Does the Constitution Still Protect Press Freedom?

On paper, Indonesia’s constitution continues to uphold press freedom, particularly under Article 28I of the 1945 Constitution, which classifies freedom of expression as a non-derogable right—a right that cannot be restricted under any circumstances. However, in reality, various forms of pressure and legal loopholes continue to undermine this fundamental right. The ongoing threats, censorship, and criminalization of critical journalists indicate that press freedom in Indonesia remains under serious threat.

To safeguard democracy, press freedom must be actively defended. The government must ensure that existing laws genuinely protect journalists rather than serve as instruments of repression. At the same time, the public must recognize the vital role of an independent press—because without it, the voice of the people will only grow weaker. At this point, the key question is no longer just whether the constitution still protects press freedom, but rather whether the government and society are still committed to defending it. If they are not, then the democracy that Indonesia has worked so hard to build may begin to erode. And once press freedom is lost, an era of silence will follow—where truth becomes a rare commodity, and those in power operate without accountability.

Hikam Hulwanullah
Hikam Hulwanullah
Hikam Hulwanullah is a constitutional law scholar, lecturer at Universitas Negeri Surabaya, and a key opinion leader in legal discourse on social media. He holds a Master of Law degree from the University of Melbourne, Australia, and Universitas Brawijaya, Indonesia. Currently, he is pursuing a PhD in Constitutional Law with a scholarship from the Indonesian government. Hikam actively conducts research and publishes opinion pieces in national and international media, as well as academic journals indexed by Scopus. His expertise covers constitutional rights, legislative law, state governance, and public law. Passionate about legal research and education, Hikam is dedicated to advancing constitutional studies and fostering future legal professionals.