My Philosophy

"Banyak yang kita tahu tetapi tidak pernah kita katakan, banyak yang kita katakan tetapi tidak pernah kita lakukan, Hukum butuh orang yang berani mengatakan dan berani melakukan, karena hukum bukan retorika dari siapapun." (Khaerul H. Tanjung, 2006)

Wednesday, September 12, 2007

Review of Limited Ownership and Broadcasting Coverage on Antitrust Law Perspective of Television Broadcasting Industry

Antitrust in TV broadcasting industry is more interesting to see along with economic growth in this industry lately. The economic growth is supposed to protect the public need and gives opportunity to each business actor in the industry. Public need has to be highlighted because the industry gives extraordinary effect in forming public opinion.

Besides that, usage of frequency spectrum is still limited so it is a main reason to state’s role to optimize its usage for maximizing public wealth. The antitrust that are getting harder also cause a new problem which is there a new trend behavior of business actor by owning and centralizing ownership vertically and horizontally. In fact, some of them also try to do cross ownership with other kinds of media outside TV broadcasting media. This matter is getting more complex as TV station broadcasting coverage is getting wider too.

Those two problems have created obstacles to the old business actors of local TV stations and the new ones to enter broadcasting market because there is no more frequency allocation. Unfortunately, the antitrust obstacles are even worse by neighboring business actor that centralized activity, such as advertising companies and production houses in Jakarta.

Therefore, a review is needed for those problems which have been regulated in Law No. 32 of 2002 about Broadcasting and Law No. 5 of 1999 about Concerning Prohibition of Monopolistic Practices and Unfair Business Competition, so that there will be no monopoly of ownership which will cause monopoly of information. In the end, the expectation is it will create a fair business competition in Indonesia TV broadcasting.

In this context, a coordination of supervision between government, KPI (Indonesia Broadcasting Commission) and KPPU (Supervisory Commission for Business Competition) is needed in the future to Indonesia TV broadcasting development.

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