TEMPO Interactive

TEMPO Interactive, Jakarta:Judges at the Supreme Court are entitled to praise their verdict in the Era Baru Radio case. The Supreme Court favored the radio’s claim, ruling that Era Baru Radio is permitted to broadcast Falun Gong teachings. In addition to defending the freedom of speech and expression, the verdict also protects the rights of minorities.

The case involving a radio show that has been airing in Batam since 2005, should set an example on how courts should settle disputes on radio frequency ownership. In this case, the judges were courageous enough to favor the harmed party: Era Baru Radio. The radio owner filed charges against the Post and Telecommunication Director-General for diverting the radio’s frequency, 106.5 FM, to Sing FM Radio in 2009 when, long before that, Era Baru Radio had obtained a broadcast-worthy recommendation from the Riau Broadcasting Commission.

The complaint over the granting of frequency or permits for Sing FM Radio was won by Era Baru Radio both at the Jakarta State Administrative Court (PTUN) and in the appeal courts. The verdict was then substantiated by the appeal judges at the Supreme Court. The panel of judges overruled the appeal made by Communications Ministry and Sing FM Radio.

However, Era Baru Radio’s struggle did not stop there because the station was still working to get its broadcasting permit. Without reasonable argument, the communications minister denied the radio’s proposal for a permit in 2008. The radio owner also filed charges to PTUN against the minister’s ruling. Unfortunately, Era Baru Radio lost the case in the preliminary and appeal court. However, no ruling on the appeal has been issued.

That is the importance of Era Baru Radio winning the frequency ownership case. The appeal judge who is handling the broadcast permit claim is expected to study the ruling. In the permit issuance case, the communications minister seemed discriminative for not granting Era Baru Radio its permit. It has also been suggested that the ministerial decree was influenced by the Chinese Ambassador’s caveat over the radio’s broadcast materials after the letter was sent to various ministries. Falun Gong is banned in China.

Although the first and appeal court said there was interference from the Chinese Ambassador over the ministerial decree, the accusation remains. Furthermore, Era Baru Radio Gatot Supriyanto, has been tried on the claim that his radio broadcast interfered with the Sing FM Radio frequency. Gatot was found guilty and sent to jail for six months with 1-year probation.

The Supreme Court should have revised Gatot’s ruling related to his criminal charges because it contradicts the ruling on the frequency dispute. The Era Baru Radio boss could not be found guilty because PTUN has ruled that Sing FM Radio has no right over its frequency.

Without synchronization of cases related to Era Baru Radio, the issue will become more and more entangled because any ruling will be hard to execute. If this occurs, our state will have failed to protect freedom of expression and, in turn, minority groups.

Original article