Ilham Rian Pratama, Jakarta – The Indonesian Legal Aid Foundation (YLBHI) has criticised National Police Regulation (Perpol) Number 3/2025 on the Police's Functional Supervision of Foreigners which regulates the supervision of foreign journalists and researchers working in Indonesia.
"The YLBHI views this Perpol as violating the principles of press freedom, damaging the pillars of democracy and conflicting with the Press Law and the Broadcasting Law", said YLBHI Chairperson Muhammad Isnur in a statement on Thursday April 3.
Isnur said that the police are not authorised to regulate, give permits to or make other arrangements regarding journalists, including foreign journalists. Never mind issuing rules in the form of a police regulation regulating the internal affairs of the police.
"The rules on permits for foreign broadcasting institutions and foreign journalists are clearly regulated under Law 40/1999 on the Press and Law 32/2002 on Broadcasting", he said.
Under Law Number 32/2002 on Broadcasting in conjunction with Government Regulation Number 49/2005 on Guidelines for Foreign Broadcasting Institution Reporting Activities in conjunction with Minister of Communication and Information (Kominfo) Regulation Number 42/PER/M.KOMINFO/10/2009 on Procedures for Obtaining Permits for Foreign Broadcasting Institutions that carry out reporting activities in Indonesia, licensing for the foreign press and journalists is under the authority of the Minister of Communication and Information (now Menkomdigi, Ministry of Communication and Digital Affairs).
Arrangements related to the foreign press are also regulated under the Press Law where supervision is carried out by the Press Council which includes components from press representatives and civil society.
"So with this, clearly Perpol 3/2005 conflicts with and overlaps with the Press Law and the Broadcasting Law. The police can take over the authority of the Press Council and the Kominfo Minister/Menkomdigi, so as to create legal uncertainty and endanger the principles of the rule of law and justice", Isnur said.
Isnur said in the context of respect for and the protection of the right to information as guaranteed by the 1945 Constitution and also Indonesia as a democratic country, this police regulation also clearly adds to the violations and betrayal of the constitution and democracy.
This Perpol will threaten the freedom of the press, and also threaten efforts to gain international trust in Indonesia.
"The YLBHI urges the National Police chief to immediately revoke and cancel this Perpol, and not issue similar regulations that violate the principles of good governance and respect for human rights", said Isnur.
National Police Chief (Kapolri) General Listyo Sigit Prabowo issued and signed National Police Regulation Number 3/2025 on the Police's Functional Supervision of Foreigners on March 10.
The regulation was promulgated in Jakarta on the same date by the Ministry of Legal Affairs Director General of Legislation.
The controversial articles that have been highlighted by civil society groups include Articles 4 and 5.
Article 4 regulates the police's functional supervision of foreigners consisting of administrative supervision and operational supervision.
Then under Article 5 paragraph (1) its states that the administrative supervision referred to is a request for information from people who provide an opportunity for a foreigner to stay overnight regarding the data of the foreigners concerned.
Then, the police are authorised to issue a police certificate for foreigners conducting journalistic and research activities at certain locations. The certain locations referred to in paragraph (1) are determined in accordance with the provisions of other unspecified legislation.
[Translated by James Balowski. The original title of the article was "YLBHI Kritisi Perpol Nomor 3 Tahun 2025 terkait Pengawasan Terhadap Jurnalis Asing dan Peneliti".]
