MAXIMIZING THE PROFESSIONALISM OF THE PRESS IN CONDUCTING JOURNALISTIC ACTIVITIES BASED ON THE PRESS LAW AS A LEX SPECIALIS REGULATION

Abstract

This article reassesses the legal status and normative function of Indonesia’s Press Law No. 40/1999 as a lex specialis in relation to the Criminal Code and general legislation on defamation, insult, and false information. The study examines whether the existing regulatory framework simultaneously guarantees press freedom and demands professional and socially responsible journalistic practices. Using a normative legal method with a descriptive–analytical approach, the analysis focuses on statutory interpretation, doctrinal debates, and relevant jurisprudence. The article reconstructs the theoretical foundation of the lex specialis derogat legi generali doctrine in media regulation and identifies conflicting interpretations regarding the Press Law’s special status. It also highlights normative gaps related to sanctions, remedies, and procedural clarity, linking these weaknesses to recurring problems such as sensationalism, “trial by press,” and the criminalization of journalistic activities. The findings demonstrate the need for a reformulation of the Press Law to strengthen legal certainty, reinforce self-regulation mechanisms, and clarify the relationship between criminal, civil, and administrative liabilities. The article concludes that affirming the Press Law as lex specialis is essential for ensuring responsible press freedom and enhancing the professionalism of media institutions.