Convergence of Media Law Draft, Should or Shouldnt?

Nurleli Azis Budi Luhur University, Faculty of Communication Jakarta-Indonesia lelyazis@ymail.com Abstract Convergence of media is a result technological advances. Based on this, the government issued law draft on media convergence. Previously, the government has issued a law of IET (Information and Electronic Transaction) which was reaping a lot of controversy associated with the IET itself. Judging from the contents of the draft law will be loaded with the merger several law that already existed, it needs to be explored further whether this country needs the draft laws of Media Convergence. Some law which incorporated in the draft law of this media convergence are; the Telecommunication Act No. 36 of 1999, the Broadcasting Act No. 32 of 2002, the Press Laws No. 40 of 1999, and the Film Laws which was passed in 2009 will look for the side that still has not been set to be loaded into the draft laws of Media Convergence. The draft law of Media Convergence will also included by the setting of information technology. If the contents of the media convergence draft laws has is similar with a failed and full of controversy, does Indonesia need it ? since IET Laws have been fully validated but have not run effectively. Will the laws of media convergence becomes one of the factor for ICT progress in Indonesia? Keywords: Convergence of Media Law Draft, Laws of IET (Information and Electronic Transaction), Information, Technology, and Media Convergence. Presenting Authors Biography My name is Nurleli azis. I was born in Jakarta, on November 22nd 1989. I am in the last semester of communication faculty in Budi Luhur University, Jakarta. I had been a finalist student ambassador to Australia on my campus. Ive followed call for papers in the national meeting of communication on Communication Department at Airlangga University, Surabaya.

1. Introduction
Growing period to make changes to anything. Communication between individuals and groups became very easy to do along with the development of the convergence of the media calls. Convergence involves the ongoing coming together of a number of technologies previously considered separate. There is a need to consider changes in management and regulation associated with this integration of telecommunications, information technology (using computer/internet) and broadcasting. The technology enabled, hybrid applications which are a product of the proliferation of the combined technologies, appear to users through fixed or mobile access, offering voice, data, image pictures, on-line and interactive services simultaneously -as multimedia services (National Telecommunications Commission World Bank Knowledge Partnership Program). Triggers convergence is the widespread use of the Internet, advancements in mobile technology, deregulation and competition, and global efforts to overcome the digital divide. But many also believed that the main factor convergence startup almost businessman TIME (telecommunications, IT/Internet, media and entertainment, source: Depkominfo). With the development of advanced technologies, make the government take action to regulate all matters relating to the current media convergence. Therefore, the Government announced a new regulation which is convergence law draft. The existence of law draft is still confusing. Starting from the naming of this law itself is still a lot that is not appropriate. Some say that the name of the regulations that will be launched in 2011, this is Convergence Telematics law draft, but some are saying that the regulations will be made s that the draft law on information technology and information. However, whatever the name of the regulations will be established later that we should criticize is the existence of this Act shall. Is the existence of new regulations that are functional the reference for the advancement of ICT in Indonesia? Given that the other countries participating to implement convergence by making a law on ICT, is South Korea. But in other countries, this rule is referred to the provisions on ICT policy package rather than just convergence. We all know that before new regulations recently passed a law in 2008 that the Law of Information and Electronic Transactions (UU ITE). From the appearance of this law is full of controversy, since that was not it is effective and only takes a lot of costs to make a regulation. Why is this happening? To clarify, the Act of IET is not effective when it Prita Mulyasari against Omni International. Prita is the Court for a violation of article 27, paragraph 3 of IET Laws

and article 310 and 311 of the criminal code (KUHP). But the application of the law with respect to the ITE is still limping in their implementation of domain legislation law in Indonesia. IET Laws has been legalized in 2008, but because there are still many gaps then need to be harmonized with the existence of Convergence law draft. Based in this case is, then acquitted then because Prita could not be caught by IET Laws and only a prisoner of the city. According to Heru Sutadi, a member of the Indonesian Telecommunications Regulatory Agency Committee through a short message to detikInet.com on Wednesday, December 30, 2009. "Decision Mulyasari free Pritchard shows that consumer complaints are not categorized as defamation, so that article 27 paragraph 3 of IET Laws cannot be used". If the presence of IET Laws itself cannot provide legal in domain of law change much, so what exactly is the basic essence of IET Laws itself? Indeed, the scene of crime Prita of cases occurs in cyberspace. That why the Act IET Laws has not been effective. Speaking of law, should be correlated with the laws and regulations. Legal action is a good man. Good works means the system of rules. The law is a set of rules that we understand the units that systemic. Law made by the State to organize people to create a fair and equitable justice in accordance with Pancasila. Convergence The words of convergence refer to two things or objects, or meets and unite in a point (Arismunandar, 2006: 1). The term convergence is usually paired with the media. That is to say that media convergence is the merging or integration of existing media to be used and directed into a single destination point. The term also refers to the overall convergence in relation to the development of information and communication technologies. The existence of convergence in technology and communication is the duty to the government for the development of this technology is still on the context and the prevailing Indonesian road. Therefore, the government also makes the Convergence law draft. According to various sources, the existence of this law draft just spend money and time. Because the bill regulating 3 Act at the same time. Among the Act No. 36 of 1999 " on telecommunications ", Act No. 32 of the 2002 Broadcasting Act and the Act No. 11 of 2008 for information and electronic transactions. But those three laws are considered not enough. Therefore, the government made a new rule that aims to harmonize the three of them. But does the existence of convergence law draft, can be harmonize the law in Indonesia? Several sources claim that the Government had to recall the rules established by the Act of IET about 2 years ago. A rise pros and cons of the existence of law. It is feared, that if the government published a law of this convergence, again reap the kind of controversy because vote of no confidence. All

assume that everything should be politicized. In various cases, including cyber crime and criminalization in cyberspace, whether the people of Indonesia are ready with the convergence of media and all forms of regulation, including regulations covering the quality standards established in Telematics Convergence law draft?

2. Discussion
This time, the author will explain some opinions about the existence of media convergence and analyze the law draft own thoughts and opinions of the authors conclude the audience about this law draft. Therefore, the authors found that the problem will be discussed that is, 'whether the convergence of law draft is the first step for the advancement of ICT in Indonesia? ". In its existence, convergence law draft also has the same fate with IET Laws which is currently in a period of revision. The number of disadvantages arising from the existence of this draft law is not surprising that many non-governmental organizations and even protest, considered this Bill to reduce the rights of citizens in the presence of rubber articles. (As quoted on detikINET Thursday (07/10/2010), Convergence of law drafts circulating on various mailing lists and discussion forums: "Telematics is a combination of technology and value chains of supply and telecommunication services, information technology, internet-based broadcasting protocols, and content." Details again, some things are within the scope defined by the draft law. Only for example is a service application telematics is defined as: "." "Information and communication services including voice services, data services, content based on e-commerce services and/or other services provided through the applications" Then, in Section 4, states that the Telematics: "controlled by the State and support them with the Government." Meanwhile, in Article 8 of the draft Convergence Bill, stating that the application of ICT, among others: "a.Penyelenggaraan Telematics Network Facilities; b.Penyelenggaraan Telematics Network Services, and Applications Telematics c.Organizer Service." What are the consequences of those two chapters? In Article 12 states that: ". Every telecom operators have to pay concession fees telematics taken from the percentage of revenue" Then, in Section 13, states that: "Implementation of Telematics as referred to in Article 8 must obtain permission from the Minister." This law draft also discusses some technical aspects, including the problem of Radio Frequency, Orbit Sateli, numbering and Telematics Equipment. Another thing that is discussed in this bill also includes Quality of Service, Interconnection to the Universal Service Obligation.)

Meanwhile, according to NGOs SatuDunia article that there is irrelevant in articles 37 and 38 which prohibits service and universal service obligations. According to these NGOs, (LSM) the government has not so clearly convey the intent and purpose in these chapters. Regarding Article 37 of the services that are prohibited, the law was explained that telematics providers, individuals, legal entities Indonesia or even the specialized agencies. But these chapters are not clear about the order, the public interest and safety. The explanation that this is considered less specific rubber article which threaten human rights. The amount of controversy with the existence of this law draft that the Government should remember mandatory laws previous regulation IET harvest without small inconveniences. Article 37 is considered the rubber articles are also considered endangered because of Human Rights declared freedom of citizens. And also in this article does not explain the public interest, morals, and what type of security should not be violated in this Convergence law draft. The presence of this law draft is also a controversial separately for Internet service users. One of the largest in the Forum at Indonesia, many of their views. As the author quotes: http://www.kaskus.us/showthread.php?t=4762724 (does the press law regulate the print media and gave birth to a Press Council? is not a public legal information gave birth to IBC? How the example of censorship on convergence law draft.) This is in accordance with article 39 relating to the Governing Body which will be planned. Does the presence of this law draft make the 'censorship' bodies with a political interest in it? So many questions that can be generated through one chapter alone. Information Law and Electronic Transactions A little review about the existence of IET Laws (Information Act and Electronic Transactions). In the early presence of this law also reap a lot of controversy because there are a lot of rubber articles in it. One is an article that reaps much controversy article 27 paragraph 3 which reads: any person who knowingly and without authorization to distribute and/or transfer and/or reasons to be accessible by electronic media and/or electronic content of extortion and/or threat ". According to various sources, this article is still very gray and a double interpretations. Basically, the petition the petitioner argued that Article 27 paragraph 3 of IET Laws has ignored the principles of state law, violate the principles of popular sovereignty, and violate the principle of lex certa and legal certainty. Article 27 paragraphs 3 of IET Laws has the potential to be abused, violate freedom of expression, opinion, disseminate information, and Article 27 paragraph 3 has a long-term effects. Because in this article which it said is still not clearly have a serious criminal

sanctions. For those who violate will be punished one Billion rupiah. The amount of money very much for ordinary people like us. Act No.11 of the 2008 on Information and Electronic Transactions (IET) is currently in the process of revision. And until now what the budget should be revised in the Act has not been notified of the ITE and even then is open to the public. That is, there is no definite assurance that the bill Telematics Convergence will not collide with IET Laws revised. Technology Technology can not be avoided in any form today. The use of technology can not be stopped. Accompanying the growth era of technological innovation. Some researchers (Elliot, 1999) states that our nation is no longer as a reader. Instead, people get most of their information from television or from interactive media. Changes in technology and innovation to change our communication behavior and even to change our communication process. Technology, according to Djoyohadikusumo (1994, 222) is closely related to science and engineering. In other words, the technology contains two dimensions, namely science and engineering are related to one another. Science refers to our understanding of the real world around us, that means about the basic features on the dimensions of space, matter and energy in their interaction with each other. With the technology changes very fast, if a State fair start drafting regulations for survival of many people. So that happened in Indonesia, advances in technology that now dominates the online market makes the government launched legislation or new regulations that will govern and set policy on matters of technology. The law is the law of IET and convergence law draft. The existence of these two laws is because the progress and technological development is very rapid. With the new regulations, the government hopes the community also has rules and order in cyberspace. Internet is a New Media Internet is essentially an inter-computer network of interrelated. The development of communications technology is increasing, so information can move quickly because of the emergence of new communication media, which is the Internet as new media, the Internet is defined as an extensive computer network that license from one to another to distribute and share digital files, as well as shorten the distance between countries. Only with a simple computer and internet connection that in the future will be more affordable, people can access information about education and employment, and news of the current situation in various parts of the world. In general conversation, "I'm online", could mean that someone connected to a larger network such as the

Internet, or relate to other people over the phone. While the authors interpreted the Internet as a network of unlimited that can be done anywhere, anytime with one condition, which is from one computer to another computer is connected in a network. According LaQuey, what distinguishes the Internet (and other global networks) from the traditional communication technologies is the level of interaction speed that can be enjoyed by users to broadcast its message. There is no media that gives every user the ability to communicate directly with thousands of people in one time. Internet is the perfect tool to alert and gather a large number of people electronically. Information about a particular event can be transferred directly, making it a very effective tool. Internet also plays a role in the development of a country. The Chinese government uses the Internet as a tool in the early 21st century. Approximately 300,000 Chinese people have accessed the Internet in 1998. The downside of the internet and World Wide Web is the power to alienate people from the real world. Hours run out in front of the computer, but not with the family or the environment. Some experts argue that the future of the internet in general will be determined by market factors. Internet will evolve in the form which the bulk will be supported by advertising. What the experts said is correct. Along with time, the Internet developed in accordance with the needs of the market. On the basis of this Government made it a regulation that limits the speed of the Internet or technology that is becoming increasingly faster. Number of suppliers of telecommunications providers and applications; make the Internet markets are more and more profits. With advertising revenues, the applications of the company or the organizer can reap the benefits and can maintain a company by the Internet. Therefore, the government makes laws that are still highly controversial, related to Human Rights, which is say more reductions in the presence of such convergence law. Convergence of law draft Convergence of law draft is one of the government discourses that aim to anticipate the development of technology with regulatory rules. Some say that convergence telematics law draft seems simply a change of the Telecommunications Act, so if the discussion will be continued, the discussion should be focused to discuss changes of Telecommunications Act only. Here the authors argue that the title of the law draft is better titled Telecommunications and Information. Convergence of law draft will merge several laws into one, such as the Telecommunications Act 36 of 1999,

the Broadcasting Act No.32 of 2002, the Press Law No. 40 of 1999, and the Film Law which was passed in 2009 will look for the side that still has not been set contained in the Convergence of law draft. The appearance of this law draft, reap many disadvantages, one of them among application developers. The application developers feel burdened with article 8 and article 13. In the article, many things are still ambiguous and considered to be multiple interpretations of the concession fee assessed disadvantage relative to application developers. If you look from different point of view, the sectors which will be included in the law draft have not been seen their harmonization. In government, talking about technical issues is more dominant than the anticipated rate of technology and regulatory issues. Not only developers who complain about the existence of this law draft, one of which is the daily management of radio and television community networks. They complained about the problem of the frequency distribution, which is regulated in article 16. There are many things that the Government should be reviewed. The Content of Convergence of law draft In the convergence of law draft, if we examine further chapter by chapter and read article after article, many rubber articles contained in this law draft. To more details, author will attach article rubber or articles that remain unclear, as follows: BAB III PEMBINAAN Bagian Kesatu Umum Pasal 4 Telematika dikuasai oleh Negara dan pembinaannya dilakukan oleh Pemerintah. BAB IV PENYELENGGARAAN Bagian Kesatu Umum Pasal 8 Penyelenggaraan Telematika yang bersifat komersial sebagaimana dimaksud pada ayat (1) huruf a meliputi: a.Penyelenggaraan Fasilitas Jaringan Telematika; b.Penyelenggaraan Layanan Jaringan Telematika; dan c.Penyelenggaraan Layanan Aplikasi Telematika. Bagian Kedua Penyelenggara Pasal 12 1. Setiap penyelenggara telematika wajib membayar biaya hak penyelenggaraan telematika yang diambil dari persentase pendapatan kotor (gross revenue).

2.

Ketentuan mengenai biaya hak penyelenggaraan telematika sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah. BAB V PERIZINAN Pasal 13 Penyelenggaraan Telematika sebagaimana dimaksud dalam Pasal 8 wajib mendapat izin dari Menteri. Bagian Keenam Kualitas Layanan Pasal 26 Penyelenggara Telematika wajib memenuhi standar kualitas layanan. Ketentuan mengenai standar kualitas layanan ditetapkan oleh Menteri. Bagian Ketiga Layanan yang Dilarang Pasal 37

1.

1. 2.

Penyelenggara Telematika dilarang menyediakan dan/atau menyalurkan layanan yang bertentangan dengan kepentingan umum, kesusilaan, keamanan, dan/atau ketertiban umum. BAB IX BADAN REGULASI Pasal 39 Menteri dapat melimpahkan fungsi pengaturan, pengawasan, dan pengendalian kepada Badan Regulasi guna menumbuhkembangkan industri Telematika. Badan Regulasi sebagaimana dimaksud pada ayat (1) didasarkan pada prinsip keterbukaan, transparansi, keadilan, dan non-diskriminasi dalam melaksanakan fungsi pengaturan, pengawasan, dan pengendalian terhadap Penyelenggaraan Telematika. Badan Regulasi terdiri atas komite regulasi dan Pemerintah. Badan Regulasi dipimpin oleh seorang merangkap anggota yang berasal dari Pemerintah dan seorang Wakil merangkap anggota yang berasal dari masyarakat. Ketua unsur Ketua unsur

1.

2.

1.

3. 4.

1.

5.

Ketua dan Wakil Ketua Badan Regulasi sebagaimana dimaksud pada ayat (4) dipilih dalam rapat pleno komite regulasi dan ditetapkan oleh Menteri. Ketentuan lebih lanjut mengenai Badan Regulasi diatur dengan Peraturan Menteri.

6.

The Contents analysis of the convergence of law draft After a few articles that the author thinks it is unclear or many interpretations, the author tries to analyze the articles according to the author cannot be accounted for clarity. 4th Article 1st Paragraph The government focused all aspects of telematics into this law draft. As if to make the project (law draft) as a large container in the discourse of telematics is still poor with the provisions of the Act. The article is also not clear about aspects of telematics, that would be under State (country) supervision. 8th Article 2nd Paragraph and 12th Paragraph Between 4th, 8th and 12th chapters is a unity that is still risky. In the twelfth chapter, said that organizers must pay the telematics concession fee, drawn from the percentage of gross revenue. It is increasingly reaping controversy among application developers. They develop an application without asking for fees and even pay taxes to the government. If the organizers of telematics must pay the cost, what the money is used for? Describe in the general provisions of this bill, the fee that income from these rights will go into the state treasury. This article does not explain the reasons why application developers must pay concession fees. And also does not explain how the costs will be. 13th Article 1st Paragraph This article explains, if implementation of telematic must obtain a permit issued in connection with training with a view to promoting the healthy growth of telematics. Telematics healthy, as do the Government set up by this law? The article is still very unclear, since the Internet is the one place that people use to express opinions without having to be subjected to sanctions policy for press and broadcasting. The existence of this article seems reducing the freedom of speech by providing regulations regarding telematic, through IET laws policy and convergence of law draft. 26th Article 1st and 2nd Paragraph this article said, the organisers must achieve standards of quality of service. To determine the quality standards of the service itself, where the government refers to standardize the quality of service? And regarding the second paragraph, it is said that the provision of service standards will be determined by the minister. That means about this standardization has not been made or are still designed. How many more times to set that standard? If we view the standardization through the consumer protection laws, why this law is not involved into the convergence of law draft? Recalling that the law draft doesn't seems to

see human rights and not in accordance with Law No. 39 on Human Rights. 37th Article 1Paragraph It also still keeps that question because in this article does not explain the order and / or security and public interests, such as what would be a violation of this article. 39th Article This section sets out the regulator, which will be formed of the Government. When this regulator will be formed, the explicit thing is regulatory agency is an entity that will welcome the regulatory function, the supervision of the minister's mandate. If the presence of the Press Law has some regulatory body that the Press Council, while the Broadcasting Act presents the IBC (KPI) and the Act of Film brings the Film Censorship. Convergence law draft will also have a regulatory as referred to in article 39. At least with regulatory bodies, members of the government have a new job and will be 'busy' with new tasks

3. Conclusion
Convergence of telematics law draft based on time in accordance with the rule of law Ius Contituendum . The purpose of the government with telematics convergence bill is to harmonize the Telecommunications Act 36 of 1999, the Broadcasting Act No.32 of 2002, the Press Law No. 40 of 1999, and the Film Law which was passed in 2009. The Government took steps to free trade or open markets that occurred in cyberspace can be controlled by the government to create a welfare nation. Convergence law draft contains 15 Chapters and 65 articles which set a number of interests of telematics including radio and television frequencies. Does the presence of Convergence Bill have been one of the first step for the advancement of ICT in Indonesia? If observed the existence of this bill is to harmonize the existing legal. But maybe the government should look back through legislation that has passed, if effective and acceptable by society. At least with thoughts like that, the government has shown concern for the interests of the people, not political interests, groups or even private. So, after a few moments on the draft Convergence hypothesis, at least there are some fundamental things interesting. The authors also express some opinions that the authors see through the author's view as a student of communication science, among others are; First, the purpose of the convergence law draft to harmonize the legislation will be harmonized there is an incision between the convergence bill. The law draft was as if, or perhaps also discusses technical issues that occur in convergent media, particularly online media. And if viewed from the article by article and chapter by chapter, this bill is based on the insistence of the free market that is now rampant in

cyberspace. So obviously the interests of certain parties who want to make this law draft as a political tool for personal or group interest. Second, in this law draft is not explained about the protection of intellectual rights by the nation that must be protected. So they doesnt used by other countries and also to encourage innovation and creativity of the nation. Third, socialization about this law draft must be opened widely, especially among intellectuals and students and organizations in the areas of ICT to create a convergence of media as a forum for all class aspirations. Fourth, if the formation of a new law taking more time and money, why not the old laws are revised and then passed back into one through the harmonization of times. In addition, some authors consider enshrined in this article. As a student, the author felt the socialization will bill the repeatability less uniformly distributed and covered only a few families that have not been able to present all aspects of Indonesian nation.

Bibliography
Kelsen, Hans. 2007. Teori Umum Hukum dan Negara:Dasar-dasar Ilmu Hukum Normatif sebagai Ilmu Hukum Deskriptif-Empirik. Jakarta:Bee Media Indonesia. Severin J. Werner & James W. Tankard. Jr. 2007. Teori Komunikasi Edisi Ke-5. Jakarta: Kencana Prenada Media Group. Vera, Nawiroh. 2008. Pengantar Komunikasi Massa. Jakarta : PT Renata Pratama Media. West, Richard dan Turner, H. Lynn. 2010. Pengantar Teori Komunikasi Analisis dan Aplikasi (Introducing Communication Theory: Analysis and Application). Jakarta: Salemba Humanika

Reading List
Nawiroh Vera (2007). Ekonomi Politik Regulasi Media (RUU Anti Pornografi dan Pornoaksi). Finy F. Basarah (2009). Diktat Hukum & Kode Etik Komunikasi. Artikel-artikel dari berbagai sumber yang dikutip dari media online.

Ordinance
Draft RUU Konvergensi Telematika hasil inisiatif DPR RI UU Informasi & Transaksi Elektronik No.11 Tahun 2008 UU Telekomunikasi No.36 Tahun 1999