SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 139, 2002 | (Explanation in Additional Indonesian Republic of Indonesia Number 4252) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 32 YEAR 2002
ABOUT
BROADCASTING
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. That it is freedom to express opinions and gain information through broadcasting as the embodiment of human rights in a society, a nation and a nation, held accountable, in harmony and balanced between freedom. and equality uses rights based on Pancasila and the Basic Law of the Republic of Indonesia Year 1945;
., b. that the spectrum of radio frequencies is a finite resource and is a national wealth that must be maintained and protected by the state and used for the great prosperity of the people in accordance with the ideals of the Proclamation of 17 August 1945;
., c. that in order to maintain national integration, the fattening of Indonesian society and the laceration of regional autonomy then needs to be formed a national broadcasting system that guarantees the creation of a fair, equitable, and balanced national information order. realizing social justice for the entire Indonesian people;
., d. that broadcasting agencies are mass communication media that have important roles in social, cultural, political, and economic life, have freedom and responsibility in exercising its functions as information media, education, entertainment, and social control and adhesives;
., e. that the broadcast emitted and accepted simultaneously, simultaneously and freely, has a great influence in the formation of opinions, attitudes, and behavior of the audience, then the organizers of the broadcaster are required to be responsible for maintaining moral value, tata. susila, culture, personality and unity of the nation that is based on the Almighty God and the Fair Humanity and the Civilian;
., f. that based on the consideration of the letter a, the letter b, the letter c, the letter d, and the letter e then the Code Number 24 of 1997 on the Broadcasting Act is viewed as unsuitable, so that it needs to be revoked and form the Act of The new broadcasting;
., Given: 1. Section 20 of the paragraph (1), paragraph (2), and paragraph (4), Section 21 of the paragraph (1), Article 28F, Section 31 of the paragraph (1), Section 32, Section 33 of the paragraph (3), and Article 36 of the Basic Law of 1945 as amended by the Fourth Amendment of the Basic Law. 1945;
., 2. Law Number 8 Of 1992 On Cinema (sheet Of State Of The Republic Of Indonesia In 1992 Number 32, Extra State Sheet Number 3473);
., 3. Law No. 5 of 1999 on the Prohibition of Monopoly Practice And The Competition Of Non-healthy Enterprises (sheet Of State Of The Republic Of Indonesia In 1999 Number 33, Additional Form Of State Number 3817);
., 4. Law Number 8 Year 1999 on Consumer Protection (State Sheet Of The Republic Of Indonesia In 1999 Number 42, Additional Gazette State Number 3821);
. .5. Law Number 22 Year 1999 On Local Government (sheet Of State Of The Republic Of Indonesia In 1999 Number 60, Extra State Sheet Number 3839);
., 6. Law Number 36 In 1999 On Telecommunications (sheet Of State Of The Republic Of Indonesia In 1999 Number 154, Additional Gazette Number 3881);
., 7. Law Number 39 Years 1999 On Human Rights (Sheet State Of The Republic Of Indonesia In 1999 Number 165, Additional State Sheet Number 3886);
., 8. Law Number 40 Year 1999 On Press (sheet Of State Of The Republic Of Indonesia In 1999 Number 166, Additional Gazette State Number 3887);
., 9. Law No. 19 of 2002 on Copyright (State Sheet of the Republic of Indonesia 2002 Number 85, Additional Gazette State Number 4220);
With mutual consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
the president of the indonesian republic,
DECIDED:
Establish: LEGISLATION ON BROADCASTING.
chapter i
the general provision
Section 1
In this Act referred to:
., 1. A broadcast is a message or sequence of messages in the form of a voice, image, or sound and image or that is graphic, character, whether interactive or not, that can be received via the broadcast receiver's device.
., 2. Broadcasting is the activities of broadcasting broadcasts through the means of transmission and/or means of transmission on land, at sea or in space by using the radio frequency spectrum via air, cable, and other media to be accepted. Simultaneously and simultaneously by the public with the broadcast receiver device.
., 3. Radio broadcasting is a media communication media hearing, which channels ideas and information in a general and open sound, in a regular, continuous program.
., 4. Television broadcasting is a media communication medium of view, which channels ideas and information in the form of sound and images in general, both open and closed, which are regular and continuous programs.
. .5. Advertising broadcasts are the broadcast of information that is commercial and community service about the availability of services, goods, and ideas that can be utilized by audiences with or without reward for the broadcasting agencies concerned.
., 6. A commercial advertisement is a commercial advertisement broadcast through radio or television broadcasting, with the aim of introducing, compacing, and/or promoting goods or services to a target audience to influence consumers. using the products offered.
., 7. A public service advertisement is a non-commercial advertisement broadcast through a radio or television broadcast with the aim of introducing, compacing, and/or promoting ideas, ideals, advice, and/or other messages to The public is to influence the audience in order to do and/or behave in accordance with the message of the advertisement.
., 8. The radio frequency spectrum is the electromagnetic wave used for broadcasting and propagating in the air and space without the means of artificial conductivity, which is a public domain and limited natural resources.
., 9. Broadcasting agencies are broadcasting organizers, both public broadcasters, private broadcasters, community broadcasting agencies and subscription broadcasting agencies that are in carrying out tasks, functions, and responsibilities guideline. Applicable law.
., 10. The national broadcasting system is the order of national broadcasting based on the provisions of laws that apply to national broadcasting, objectives, functions, and direction of national broadcasting as an attempt to realize national ideals. As set forth in Pancasila and the Constitution of the Republic of Indonesia in 1945.
., 11. Fair, equitable, and balanced national information order is a condition of orderly, orderly, and harmonious information especially regarding information flows or messages in broadcasting between centers and regions, between regions in Indonesia, as well as between Indonesia. and the international world.
., 12. The government is either the Minister or any other official appointed by the President or the Governor.
., 13. The Indonesian Broadcasting Commission is an independent state institution that exists in the center and in the area whose duties and authority are governed in this Act as a form of role as well as the public in the field of broadcasting.
., 14. The broadcasting permit is the right granted by the state to the broadcasting agency to host the broadcasting.
BAB II
ASAS, PURPOSE, FUNCTION, AND DIRECTION
Section 2
Broadcasting is held on the basis of Pancasila and the Constitution of the Republic of Indonesia in 1945 with benefits, fair and equitable, legal certainty, security, diversity, partnership, ethics, independence, freedom, and responsibility.
Section 3
Broadcasting is organized with the aim of staking national integration, the stars and the self-righteous people who believe and guard against the life of the nation, advance the general well-being, in order to build an independent society, and to build a sustainable society. democratic, fair and prosperous, as well as cultivate the Indonesian broadcasting industry.
Section 4
.,, (1) Broadcasting as a mass communication activity has functions as a media of information, education, healthy entertainment, control and social adhesives.
.,, (2) In performing functions as referred to dalacorpses (1), broadcasting also has economic and cultural functions.
Section 5
The broadcaster is directed to:
., a., a. uphold the implementation of Pancasila and the Basic Law of the Republic of Indonesia in 1945;
., b. maintaining and improving the morality and values of religion as well as the identity of the nation;
c. enhancing the quality of human resources;
D. keeping and rodent unity and the unity of the nation;
e. raising awareness of the observance of national law and discipline;
., f. Channeling common opinions as well as encouraging the active role of society in national and regional development as well as preserving the environment;
., g. prevent a monopoly of ownership and support a healthy competition in the field of broadcasting;
., h. encourage the improvement of the people's economy, realize the alignment, and strengthen the nation's saing power in the era of globalization;
i. provide correct, balanced, and responsible information;
J. advancing national culture.
BAB III
HOSTING BROADCASTING
The First Part
Common
Section 6
(1) The broadcaster is organized in one national broadcasting system.
.,, (2) In the national broadcasting system as referred to in paragraph (1), the State controls the radio frequency spectrum used for the hosting of broadcasters in order for the greater prosperity of the people.
.,, (3) In the national broadcasting system there is a fair and unified network of broadcasters and network patterns developed by forming a network station and local station.
(4) For the hosting of broadcasting, it is set up a broadcasting commission.
The Second Part
The Indonesian Broadcasting Commission
Section 7
.,, (1) The broadcasting commission as referred to in Article 6 of the paragraph (4) is called the Indonesian Broadcasting Commission, abbreviated KPI.
.,, (2) KPI as an independent state institution set things up regarding broadcasting.
.,, (3) KPI consists of a Central KPI set up at the central level and the Regional KPI is set up at the provincial level.
., (4) In exercising the functions, duties, authority and obligations, the Central KPI is overseen by the People's Representative Council of the Republic of Indonesia, and the Regional KPI is supervised by the Provincial Regional Representative Council.
Section 8
.,, (1) KPI as a form of role as well as the society functions as having aspirations as well as representing the interests of the community will be broadcasting.
.,, (2) In exercising its function as referred to in paragraph (1), KPI has the authority:
., a., a. set the broadcast program standard;
B. set up regulations and set the broadcasting behavior guidelines;
.,, c. oversees the execution of broadcasting behavior and broadcast behavior guidelines as well as broadcast program standards;
., d. provide sanctions against regulations violations and broadcast behavior guidelines as well as broadcast program standards;
., e. conduct coordination and/or cooperation with the government, broadcasting agencies, and the public.
(3) KPI has a duty and obligation:
.,
., a., a. guarantee the public to obtain decent and correct information in accordance with human rights;
B. to assist in the management of the broadcasting field infrastructure;
.,, c. co-built a healthy competitive climate between broadcast agencies and related industries;
D. maintaining a fair, equitable, and balanced national information order;
., e. accommodate, research, and follow up on the aduan, the-gahan, and the public criticism and appreciation of the broadcasting; and
., f. Drafting a human resource development plan that guarantees the professionalism in the field of broadcasting.
Section 9
.,, (1) Central KPI Members number 9 (nine) people and Regional KPIs are 7 (seven) people.
(2) The chairman and co-chair of KPI are chosen from and by the members.
., (3) The term of chairman, vice chairman and member of the Central KPI and Region 3 KPI (three) year and can be re-elected only for 1 (one) times the next term of office.
(4) KPI is assisted by a secretariat financed by the state.
.,, (5) In carrying out its duties, KPI can be assisted by the expert power according to the need.
.,, (6) The Central KPI Funding comes from the State Budget and Shopping Budget and the Regional KPI funding comes from the Regional Revenue and Shopping Budget.
Section 10
.,, (1) To be able to be appointed to the KPI member must be fully qualified as follows:
., a., a. The People of the Republic of Indonesia who fear God, the All-Esa;
., b. Loyal to Pancasila and the Constitution of the Republic of Indonesia in 1945;
c. educated scholar or have an equivalent intellectual competence;
D. healthy physical and spiritual;
e. Authoring, honest, fair, and unreprehenable behavior;
., f. have a care, knowledge and/or experience in the broadcasting field;
G. not directly or indirectly related to the proprieholder of the mass media;
h. not legislative and judicial members;
i. not a government official; and
J. nonpartisan.
.,, (2) Members of the Central KPI are selected by the People's Representative Council of the Republic of Indonesia and the Regional KPI is elected by the Provincial Regional Representative Council on behalf of the public through an open trial of patchiness and eligibility.
., (3) Members of the Central KPI are administratively set by the President on the proposal of the People's Representative Council of the Republic of Indonesia and members of the Regional KPI are administratively established by the Governor on the proposal of the Provincial Regional People's Representative Council.
(4) The KPI member paused because:
., a., a. term term expires;
B. died the world;
c. resign;
., d. a prison sentence based on a court ruling that gains a fixed legal force; or
e. no longer meets the requirements as referred to in paragraph (1).
Section 11
.,, (1) If the KPI member quits in his term for reasons as referred to in Article 10 of the letter b, the letter c, the letter d, and the letter e, which are in question are replaced by the replacement members until the expiration of his term.
.,, (2) The replacement of the Central KPI member is administratively set by the President on the proposal of the People's Representative Council of the Republic of Indonesia and members of the Regional KPI are administratively assigned by the Governor on the proposal of the Regional People's Representative Council. Province.
., (3) The provisions of the manner of the replacement of KPI members as referred to in paragraph (1) are further regulated by KPI.
Section 12
Further provisions regarding the division of the authority and duties of the KPI as referred to in Section 8, the layout arrangement between the Central KPI and the Regional KPI, and the manner of the replacement of the KPI members as referred to in Article 11 is specified with the Central KPI Decision.
The Third Part
Broadcasting Services
Section 13
(1) The broadcasting service consists of:
., a., a. radio broadcasting services; and
B. television broadcasting service.
(2) The broadcasting services as referred to in paragraph (1) are interspersed by:
., a., a. Public Broadcasting Agency;
B. Private Broadcasting Agency;
C. Community Broadcasting Agencies; and
D. The Broadcasting Agencies Subscribe.
The Fourth Part
Public Broadcasting Agency
Section 14
.,, (1) Public Broadcasting Institute as referred to in Article 13 paragraph (2) letter a is a legal body-shaped broadcasting institution established by the state, is independent, neutral, non-commercial, and serves to provide services for Public interest.
.,, (2) Public Broadcasting Institute as referred to in verse (1) consists of Radio Republik Indonesia and Television Republik Indonesia which station its broadcasting station is in the State capital of the Republic of Indonesia.
.,, (3) In provincial, county, or city areas can be established the local Public Broadcasting Institute.
.,, (4) The supervising board and the board of directors of the Public Broadcasting Institute are formed in accordance with applicable laws.
., (5) The supervising board is set by the President for Radio Republik Indonesia and Television Republik Indonesia on the proposal of the People's Representative Council of the Republic of Indonesia; or by the Governor, the Regent, or the Mayor for the Local Public Broadcasting Institute on the proposal. The Regional People's Representative Council, after the open trials and eligibility of the government's input and/or society.
.,, (6) The number of supervising board members for Radio Republik Indonesia and Television Republik Indonesia as much as 5 (five) persons and board of trustees for the Local Public Broadcasting Society of 3 (three) people.
(7) The board of directors is appointed and set by the supervising board.
.,, (8) Board of trustees and the board of directors of the Public Broadcasting Institute have a working term of 5 (five) years and can be re-elected only for 1 (one) next time of work.
.,, (9) Public Broadcasting agencies at the central level are supervised by the People 's Representative Council of the Republic of Indonesia and the Public Broadcasting Institute at the area level overseen by the Regional People' s Representative Council.
.,, (10) Further provisions on the Public Broadcasting Institute are compiled by KPI alongside the Government.
Section 15
(1) The financing source of the Public Broadcasting Agency is derived from:
., a., a. broadcasting iuran;
., b. State Budget and State Shopping or Regional Shopping and Shopping Budget;
c. community donations;
D. advertisement advertisement; and
e. Other legal entities associated with the hosting of the broadcaster.
.,, (2) Any end of the budget year, the Public Broadcasting Institute is required to make financial statements audited by the public accountant and the results are announced through the mass media.
The Fifth Part
Private Broadcasting Agency
Section 16
.,, (1) Private Broadcasting Agency as referred to in Article 13 paragraph (2) letter b is an Indonesian legal body-shaped broadcasting agency, whose field of effort only organizes radio or television broadcasting services.
.,, (2) Foreign nationals are prohibited from being the caretaker of the Private Broadcasting Institution, except for the fields of finance and engineering fields.
Section 17
.,, (1) The Public Broadcasting Agency as referred to in Article 16 of the paragraph (1) is established with initial capital which is entirely owned by Indonesian citizens and/or Indonesian legal entities.
.,, (2) Private Broadcasting agencies can do addition and development in order for capital fulfillment derived from foreign capital, which amounts to no more than 20% (twenty per hundred) of all capital and minimum is owned by 2 (two) Shareholders.
.,, (3) Private Broadcasting agencies are obliged to provide an opportunity to employees to own shares of the company and provide the company ' s profit share.
Section 18
.,, (1) the possession of a private broadcaster and mastery of the Private Broadcasters by one person or one legal entity, both in one region of broadcast and in some areas of broadcast, is restricted.
., (2) Cross ownership between the Private Broadcasting Institute which organizes radio broadcasting services and the Private Broadcasting Institute which organizes television broadcasting services, between the Private Broadcasting Institute and the print media companies, as well as between Private broadcasters and private broadcasters of other broadcasting services, both direct and indirect, are restricted.
., (3) Setting the number and coverage of local, regional, and national broadcast areas, both for the service of radio broadcasting and television broadcasting services, composed by KPI alongside the Government.
., (4) Further provisions of the restriction of ownership and mastery as referred to in paragraph (1) and the restrictions on cross ownership as referred to in paragraph (2) are compiled by KPI alongside the Government.
Section 19
Private Broadcasting Institute financing sources are obtained from:
a. advertisement advertisement; and/or
B. Other valid efforts associated with the hosting of the broadcaster.
Section 20
Private Broadcasting Agency broadcasting radio broadcasting services and television broadcasting services can only host 1 (one) broadcast with 1 (one) broadcast channel at 1 (one) broadcast area coverage.
The Sixth Part
Community Broadcasting Institute
Section 21
.,, (1) Community Broadcasting Institute as referred to in Article 13 paragraph (2) letter c is an Indonesian legal body-shaped broadcasting institute, established by a particular community, is independent, and is not commercial, with a pancar power low, limited area range, as well as to serve the interests of its community.
.,, (2) The Community Broadcasting Institute as referred to in paragraph (1) is organized:
.,
., a., a. not to seek profit or profit or not be part of a company that seeks profit alone; and
., b. to educate and advance society in achieving well-being, by carrying out an event program covering culture, education, and information that is spreading the identity of the nation.
.,, (3) The Community Broadcasting Institute is a nonpartisan community whose existence of its organization:
.,
., a., a. does not represent any foreign organization or agency as well as not an international community;
B. is not associated with the prohibited organization; and
c. not for propaganda purposes for certain groups or groups.
Section 22
.,, (1) The Community Broadcasting Institute is established at the cost of which a particular community ' s contributions and belongs to the community belongs to.
.,, (2) The Community Broadcasting Institute can obtain the source of financing of donations, grants, sponsors and other sources of legal and non-binding.
Section 23
.,, (1) The Community Broadcasting Institute is prohibited from receiving initial funding assistance establishing and operating funds from foreign parties.
.,, (2) The Community Broadcasting Institute is prohibited from conducting ad broadcasts and/or other commercial broadcasts, except for community service adverts.
Section 24
.,, (1) The Community Broadcasting Institute is required to create a code of conduct and order to be known by the community and other communities.
.,, (2) In the event of a complaint from the community or another society against a violation of the code of conduct and/or order, the Community Broadcasting Institute is required to act in accordance with the guidelines and applicable provisions.
The Seventh Part
The Subscription Broadcasting Institute
Section 25
.,, (1) the subscription broadcasting agency as referred to in Article 13 of the paragraph (2) of the letter d is an Indonesian legal body-shaped broadcasting institute, whose field of effort only organizes subscription and subscription broadcasting services first. obtain a subscription to the IBM Cloud Service.
.,, (2) the subscription agency subscribing to as referred to in paragraph (1) departs or channel its broadcast material specifically to the customer via radio, television, multi-media, or other information media.
Section 26
.,, (1) the subscription broadcasting institute as referred to in Section 25 consists of:
., a., a. Subscription Broadcasting agencies via satellite;
B. The Broadcasting Agencies Subscribe via cable; and
C. Subscription Broadcasting agencies are through terrestrial.
(2) In hosting its broadcast, the Board of Broadcasting-subscriptions must:
.,
., a., a. performing an internal sensor against all broadcast content that will be broadcast and/or routed;
., b. provides at least 10% (ten per hundred) of channel canal capacity to channel programs from the Public Broadcasting Institute and the Private Broadcasting Institute; and
.,, c. provides 1 (one) channel of domestic production broadcast channels to 10 (ten) of the most foreign production broadcasts of one (one) channel of domestic production.
(3) The Financing Of The Subscription Broadcasting Agencies comes from:
., a., a. subscribing dues; and
B. other legitimate and associated efforts with the hosting of the broadcaster.
Section 27
The broadcasting agency subscribing through the satellite, as referred to in Article 26 of the paragraph (1) letter a, must meet the provisions as follows:
., a., a. have an acceptable broadcast range in the State of the Republic of Indonesia;
B. have a broadcast control station located in Indonesia;
c. has a transmitter station to a satellite located in Indonesia;
D. using satellites that have landing right in Indonesia; and
e. guarantee that its broadcast is only accepted by the customer.
Section 28
The broadcasting agencies subscribe via cable and through terrestrial, as referred to in Article 26 of the paragraph (1) letter b and letter c, must meet the following provisions:
., a., a. have a broadcast range that includes one service area in accordance with the given permission; and
B. guarantee that its broadcast is only accepted by the customer.
Section 29
., (1) the terms referred to in Section 16 of the paragraph (2), Article 17, Section 18, Section 33 of the paragraph (1) and paragraph (7), Section 34 of the paragraph (4) and the paragraph (5) are applicable to the Subscription Broadcasting Institute.
., (2) Further provisions on the terms and requirements of the permit as referred to in Article 25 of the paragraph (1) are compiled by KPI alongside the Government.
The Eighth Part
The Foreign Broadcasting Institute
Section 30
(1) Foreign broadcasting agencies are prohibited from being established in Indonesia.
.,, (2) Foreign broadcasting agencies and foreign broadcasting offices that will conduct journalistic activities in Indonesia, whether broadcast live or in recordings, must meet the provisions of applicable laws.
.,, (3) Further provisions on the guidelines of foreign broadcasting agency pick-up activities are compiled by KPI alongside the Government.
The Ninth Part
Broadcast Station and Broadcast Range Area
Section 31
.,, (1) Broadcasting agencies that host radio broadcasting services or television broadcasting services consist of network broadcasting stations and/or local broadcasting stations.
.,, (2) Public Broadcasting agencies can host broadcasts with a network station system that reaches out across the entire country of the Republic of Indonesia.
.,, (3) Private Broadcasting agencies can host broadcasts through a network station system with limited region range.
.,, (4) Further provisions on the implementation of the network station system are compiled by KPI alongside the Government.
.,, (5) Local broadcasting stations can be established at certain locations within the country of the Republic of Indonesia with a limited broadcast range region at that location.
.,, (6) The majority of initial capital holdings and the management of local broadcasting stations are preferred to the communities in the area where the local station is located.
The Tenth Part
Basic Broadcasting Engineering plan and
Broadcast Device Technical Requirements
Section 32
.,, (1) Any establishment and hosting of broadcasters are required to meet the provisions of the basic plan of broadcasting techniques and the technical requirements of broadcasting devices.
., (2) Further provisions regarding the basic plan of broadcasting techniques and the technical requirements of the broadcasting device as referred to in paragraph (1) are further compiled by KPI alongside the Government in accordance with the laws of the Valid.
The Eleventh Part
The permissions
Section 33
.,, (1) Before hosting its activities the broadcasting agencies are required to obtain broadcasting licenses.
.,, (2) The applicant ' s permission to list the name, vision, mission, and broadcast format to be held and fulfill the requirements in accordance with the provisions of this Act.
.,, (3) the granting of broadcasting hosting permits as referred to in paragraph (1) based on interest, interest and public comfort.
.,, (4) the permission and extension of the hosting permit granted by the state upon acquiring:
., a., a. input and results evaluation hearings between the applicant and the KPI;
B. The eligibility recommendations for broadcasting from KPI;
.,, c. result of an agreement in a joint meeting forum held specifically for licensing between KPI and Government; and
., d. The allocation permit and use of the radio frequency spectrum by the Government on the proposal of KPI.
.,, (5) On the basis of the outcome of the agreement as referred to in paragraph (4) of the letter c, administratively the hosting permit is granted by the State through the KPI.
.,, (6) the permission of the staging and extension of the hosting of the mandatory broadcasting is mandatory at least 30 (thirty) business days after the agreement of the joint meeting forum as referred to in paragraph (4) of the letter c.
.,, (7) The broadcasting agencies are required to pay for the hosting of broadcasting through the state coffers.
.,, (8) Further provisions on the grammar and licensing requirements of the broadcasting are compiled by KPI alongside the Government.
Section 34
(1) The hosting permit is provided as follows:
.,
., a., a. the hosting permit for radio broadcasting is given for a term of 5 (five) years;
., b. The broadcast permit for television broadcasting was given for a period of 10 years.
.,, (2) Permission as referred to in paragraph (1) the letter a and the letter b each may be extended.
.,, (3) Before obtaining a fixed license for broadcasting, the radio broadcasting agencies are required to go through the most broadcast trial period of 6 (six) months and for the institution of compulsory television broadcasting through a trial period of the most recent broadcast of 1 (one) year.
.,, (4) The permit hosting of broadcasting is prohibited to be transferred to other parties.
(5) The broadcasting license of the broadcast is revoked because:
., a., a. not to pass the specified broadcast test period;
., b. violates the use of the radio frequency spectrum and/or the specified broadcast range region;
., c. does not perform broadcast activities of more than 3 (three) months without notice to KPI;
D. expected to be moved to other parties;
., e. violates the terms of the basic plan of broadcasting techniques and the technical requirements of the broadcasting device; or
., f. Violate the provisions of broadcast program standards after a court ruling that gains a fixed legal force.
.,, (6) The broadcasting license of the broadcast is declared terminated due to the expiration of the permit and is not extended back.
BAB IV
BROADCAST EXECUTION
The First Part
Broadcast content
Section 35
The content of the broadcast must conform to the principle, purpose, function, and broadcast direction as referred to in Article 2, Section 3, Section 4, and Section 5.
Section 36
., (1) The contents of the compulsory broadcast contain information, education, entertainment, and benefits for the creation of intellect, character, morals, progress, strength of the nation, maintaining unity and unity, as well as observing the values of Indonesian religion and culture.
., (2) The broadcast contents of the television broadcasting services, organized by the Private Broadcasting Institute and Public Broadcasting Institute, are required to contain at least 60% (sixty per hundred) of the show's eyes that are from within the country.
., (3) The content of the broadcast is required to provide protection and empowerment to a special audience, namely children and adolescents, by broadcasting the show's eyes at the right time, and the broadcasting agencies are required to list and/or mention the classification of the audience. According to the broadcast contents.
(4) The content of the broadcast is required to maintain its neutrality and may not maintain the importance of certain types.
(5) The broadcast content is prohibited:
., a., a. be defamatory, inciting, misleading and/or lying;
., b. Accentuate elements of violence, obscene, gambling, drug-use drugs and illicit drugs; or
c. multiply the tribe, religion, race, and intergroup.
.,, (6) The content of the broadcast is prohibited, denigrating, harassing and/or ignoring the religious values, human dignity of Indonesia, or undermining international relations.
The Second Part
Broadcast language
Section 37
The main introductory language in the hosting of the broadcast program must be a good and true Indonesian language.
Section 38
.,, (1) The language of the area may be used as the language of instruction in the host of a local charge broadcast program and, if required, to support a specific event eye.
.,, (2) Foreign languages can only be used as the language of instruction in accordance with the purpose of a broadcast event.
Section 39
.,, (1) The eyes of a foreign language broadcast show can be broadcast in the original language and specifically for television broadcasting services must be given Indonesian language text or selectively dubbed into Indonesian language according to the purpose of the event. Certain.
.,, (2) The dub of foreign languages into Indonesian is limited to at most 30% (thirty per hundred) of the number of foreign language events broadcast.
.,, (3) The sign language can be used in the eyes of a particular event for a deaf audience.
The Third Part
Relay and Shared Broadcast
Section 40
.,, (1) The broadcasting agencies can perform broadcast broadcasts of other broadcasters, both in-country broadcasting agencies and from overseas broadcasting agencies.
.,, (2) The broadcast relay used as a fixed event, both from within the country and from abroad, is restricted.
.,, (3) Special to the relay broadcast of fixed events derived from overseas broadcasting agencies, duration, type and number of eyes of the show is restricted.
.,, (4) The broadcasting agencies may perform broadcast other broadcast agency broadcasts unfixed at the eyes of specific events that are national, international, and/or the eye of choice events.
Section 41
Interagency broadcasting agencies can work together on a joint broadcast throughout the intended broadcast does not lead to the information monopoly and the monopoly of opinion formation.
The Fourth Part
Journalistic activity
Section 42
Journalists broadcasting in carrying out electronic media journalistic activities are subject to the Journalism Code of Conduct and applicable laws.
The Fifth Part
The right Siar
Section 43
(1) Each eye of the broadcast event is required to have a broadcast right.
.,, (2) In airing broadcast events, broadcast agencies are required to list the broadcast rights.
.,, (3) The rights of the broadcast rights as referred to in paragraph (2) should be mentioned clearly in the eyes of the event.
.,, (4) The right of the broadcast of any broadcast event eye is protected under applicable law.
The Sixth Part
Broadcast ralat
Section 44
.,, (1) The broadcasting agencies are required to perform a ralat if the content of the broadcast and/or news is known to be errors and/or errors, or disclaiations of the content of the broadcast and/or news.
(2), (2) A device or a device is performed within a period of less than 24 (twenty-four) the next hour, and if it is not possible to do so, the ralat can be performed on the first occasion as well as receiving the primary treatment.
.,, (3) Ralat or correcting as referred to in verse (2) does not absolve any liability or lawsuits filed by the party who feel aggrieved.
The Seventh Part
Broadcast archive
Section 45
.,, (1) The Broadcasting Institute is required to store the broadcast materials, including audio recordings, video footage, photos, and documents, at least for a period of one year after it was broadcast.
.,, (2) The broadcast materials that have a high historical value, information value, or broadcast value, are required to be submitted to the designated institution to keep its delicances in accordance with applicable laws.
The Eighth Part
Ad broadcast
Section 46
.,, (1) The broadcast is made up of commercial advertising broadcasts and public service advertising broadcasts.
.,, (2) the broadcast of the advertisement is required to comply with the principles, purposes, functions, and direction of broadcasting as referred to in Section 2, Section 3, Section 4, Section 4, and Section 5.
(3) Commercial broadcasts are prohibited from performing:
.,
., a., a. promotion linked to the teaching of a religion, ideology, personal and/or group, that offends the feelings and/or denigration of other religious dignity, other ideologies, other persons, or other groups;
B. promotion of liquor or the like and addictive materials or substances;
c. The promotion of cigarettes that enforces a cigarette form;
., d. things that are contrary to the decency of society and religious values; and/or
e. the exploitation of the child under the age of 18 (eighteen) years.
.,, (4) Ad broadcast materials broadcast through the broadcasting agencies are required to meet the requirements issued by KPI.
.,, (5) The broadcast of the broadcast of commerce being the responsibility of the broadcasting agencies.
.,, (6) Commercial advertising broadcasts broadcast on the eyes of the broadcast event for mandatory children following broadcast standards for children.
.,, (7) The Broadcasting Institute is required to provide time for broadcast of community service adverts.
.,, (8) Commercial advertising time for the Private Broadcasting Institute is at most 20% (twenty-one hundred), while for the Public Broadcasting Institute at most 15% (fifteen per hundred) of the entire broadcast time.
.,, (9) The time of broadcast community service advertising for the Private Broadcasting Institute is at least 10% (ten per hundred) of commercial advertising broadcasts, while for the Public Broadcasting Institute at least 30% (thirty per hundred) of its advertising broadcasts.
.,, (10) The broadcast time of broadcasting agencies is prohibited from being purchased by anyone for any benefit, except for the broadcast of the advertisement.
(11) The advertisement broadcast material is required to use domestic resources.
The Ninth Part
Broadcast Content Sensor
Section 47
The contents of the broadcast in the form of the film and/or advertisement are required to obtain a sensor pass sign from the authorized institution.
BAB V
BROADCASTING BEHAVIOR GUIDELINES
Section 48
.,, (1) The broadcasting behavior guidelines for the hosting of broadcasts are set by KPI.
.,, (2) the broadcasting behavior guidelines as referred to in paragraph (1) are compiled and sourced to:
., a., a. applicable religious, moral and legal values; and
., b. Other norms are applicable and accepted by the general public and the broadcasting agencies.
.,, (3) KPI is required to publish and socialize the broadcasting behavior guidelines to the Broadcasting Society and the general public.
.,, (4) The broadcasting behavior guidelines determine the standard content of the broadcast that is at least related to:
., a., a. a respect for religious views;
B. Respect for personal matters;
c. courtesy and decency;
D. restriction of sex scenes, violence, and sadism;
e. protection against children, adolescents, and women;
f. program class is performed according to the age of the audience;
G. broadcast of the program in a foreign language;
h. precision and neutrality of the news program;
i. live broadcast; and
J. advertisement broadcast.
(5) KPI facilitates the formation of broadcast code of conduct.
Section 49
KPI periodically assesates the broadcasting behavior guidelines as referred to in Article 48 of the paragraph (3) in accordance with the changes in the laws and developments of the norms applicable in society.
Section 50
(1) KPI is required to oversee the execution of broadcasting behavior guidelines.
.,, (2) KPIs are required to receive complaints from any person or group that is aware of the infringement of the broadcasting behavior guidelines.
.,, (3) KPI is obliged to follow up on an official complaint regarding matters that are fundamental as referred to in Article 8 paragraph (3) of the letter e.
.,, (4) KPI is obliged to forward aduan to the concerned broadcasting agencies and provide the opportunity of the right of answer.
.,, (5) the KPI is required to express in writing the results of the evaluation and assessment to the parties filing the complaint and the associated Broadcasting Institute.
Section 51
.,, (1) the KPI may require the Broadcasting Agency to broadcast and/or publish statements relating to the complaint as referred to in Article 50 of the paragraph (2) if it is proven correct.
.,, (2) All Broadcasting agencies are required to comply with decisions issued by KPI based on broadcasting behavior guidelines.
BAB VI
THE ROLE AS WELL AS SOCIETY
Section 52
.,, (1) Each Indonesian citizen has a right, obligation, and responsibility in the role as well as developing the hosting of national broadcasters.
.,, (2) Non-profit organizations, community swadaya institutions, colleges, and education circles, can develop literacy activities and/or monitoring of the Broadcasting Society.
.,, (3) The society as referred to in paragraph (1) may file objections to the program and/or the contents of the adverse broadcast.
BAB VII
LIABILITY
Section 53
.,, (1) The Central KPI in exercising its functions, authority, duties, and obligations is responsible to the President and submit a report to the People ' s Representative Council of the Republic of Indonesia.
.,, (2) The Regional KPI in exercising its functions, authority, duties, and obligations is responsible to the Governor and submit a report to the Provincial Regional People ' s Representative Council.
Section 54
The leadership of the governing body is generally responsible for hosting the broadcasting and is required to appoint a responsible charge of each program that is implemented.
BAB VIII
ADMINISTRATIVE SANCTION
Section 55
., (1) Any person who violates the provisions as referred to in Article 15 of the paragraph (2), Section 20, Section 23, Section 24, Section 26 of the paragraph (2), Article 27, Article 28, Section 33 of the paragraph (7), Section 34 of the paragraph (5) the letter c, c, and the letter f, Section 36 of the paragraph (2), paragraph (3), and paragraph (4), Section 39 of the paragraph (1), Section 43 of the paragraph (2), Article 44 of the paragraph (1), Article 45 of the paragraph (1), Section 46 of the paragraph (6), paragraph (7), paragraph (8), paragraph (9), paragraph (9), and paragraph (11), subject to administrative sanction.
(2) administrative sanctions as referred to in paragraph (1) may be:
., a., a. written reprimand;
., b. a temporary outage of the event eye after going through a certain stage;
c. limitations of duration and broadcast time;
D. administrative fines;
e. freezing of broadcast activities for a given time;
f. was not given an extension of the hosting permit;
G. revocation of the hosting permit.
., (3) Further provisions on administrative and administrative sanction conditions as referred to in paragraph (1) and paragraph (2) are compiled by KPI alongside the Government.
BAB IX
INQUIRY
Section 56
.,, (1) The investigation of the criminal acts set up in this Act is carried out in accordance with the Code of Criminal Events Act.
.,, (2) Special to the criminal conduct related to the breach of the provisions as referred to in Article 34 of the letter b and the letter e, the investigation is conducted by the Civil Service Officer in accordance with the provisions of the applicable Act.
BAB X
CRIMINAL PROVISIONS
Section 57
He is sentenced to a prison sentence of five (five) years and/or a fine of the most Rp1,000,000.000.00 (one billion rupiah) for radio broadcasting and is penalised with a prison criminal for the longest 5 (five) years and/or a fine of the most Rp10,000.000.000.00 (ten billion rupiah) for television broadcasting, every person who:
a. violates the provisions as referred to in Article 17 of the paragraph (3);
B. violates the provisions as referred to in Article 18 of the paragraph (2);
c. violation of the provisions as referred to in Article 30 of the paragraph (1);
D. violates the provisions as referred to in Article 36 of the paragraph (5);
e. violates the provisions as referred to in Article 36 of the paragraph (6).
Section 58.
He is convicted of a prison sentence of two years and/or a fine of the most Rp500,000,00 (five hundred million rupiah) for radio broadcasting and is convicted of a prison criminal for the longest 2 (two) years and/or a fine of the most. Rp5,000.000.000.00 (five billion rupiah) for television broadcasting, every person who:
a. violates the provisions as referred to in Article 18 of the paragraph (1);
B. violates the provisions as referred to in Article 33 of the paragraph (1);
c. violation of the provisions as referred to in Article 34 of the paragraph (4);
D. violates the terms as referred to in Article 46 of the paragraph (3).
Section 59
Any person who violates the provision as referred to in Article 46 of the paragraph (10) is criminalised with a criminal fine of most Rp200.000.00 (two hundred million rupiah) for radio broadcasting and at most Rp2,000.000.00 (two billion rupiah) for the television broadcasting.
BAB XI
THE TRANSITION PROVISION
Section 60
.,, (1) By the enactment of this Act, any implementation regulations in the existing broadcasting field remain in effect to the extent unopposed or have not been replaced with new ones.
., (2) The existing Broadcasting Institute prior to the promullation of this Act may exercise its functions and shall conform to the provisions of this Act 2 (two) years for the service of the radio broadcasting and at most 3 (three) It's a year for television broadcasting since the legislation has been promulgled.
.,, (3) Broadcasting agencies already have relay stations, before the promullation of this Act and after the end of the adjustment period, can still host broadcasting via its relations station, up to the establishment of the local station which network with the Broadcasting Institute within the two (two) year limit, unless there is a special reason specified by the KPI with the Government.
BAB XII
CLOSING PROVISIONS
Section 61
.,, (1) KPIs must already be formed no later than 1 (1) year after the release of this Act.
.,, (2) For the first time the proposed KPI member was submitted by the Government over the public proposal to the People ' s Representative Council of the Republic of Indonesia.
Section 62.
., (1) the provisions compiled by the KPI with the Government as referred to in Section 14 of the paragraph (10), Section 18 paragraph (3) and paragraph (4), Section 29 of the paragraph (2), Section 30 of the paragraph (3), Section 31 of the paragraph (4), Section 32 of the paragraph (2), Section 33 of the paragraph (8), Article 55 verse (3), and Article 60 of the paragraph (3) is specified with the Government Regulation.
.,, (2) the rule of the Government as referred to in paragraph (1) must be set at least 60 (sixty) days after the completion of the Composed by the KPI with the Government.
Section 63
By the enactment of this Act, then Act No. 24 of 1997 on Broadcasting (State Gazette of the Republic of Indonesia in 1997, number 72, additional state sheet number 3701) was declared no longer valid.
Section 64
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on December 28, 2002
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on December 28, 2002
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
BAMBANG KESOWO
