Introduction

The global history of broadcasting policy has shown that government monopoly over broadcasting sector is no longer viable in many countries. Along with the state and/or public service television, commercial TV stations has grown significantly to provide services for their customers (Collins, 2008). On the other hand, it has been argued that broadcast frequency is considered as public’s good and exists in public domain (Flew, 2006). In this context, the idea of public service obligation for all broadcasting companies arises and persists. Therefore, the commodification of the public’s good has been put into questions: how commercial TV station could gain profit without violating the public interest? And how commercial TV station could gain profit while at the same time fulfill its public service role? Under these questions, broadcasting law becomes relevant and crucial.

Information is the main commodity in broadcasting industry as the commercial TV stations use the broadcasting frequency ‘to inform’ their viewers in a way to attract viewers for their business goals. As the information is nationally broadcasted, national information goals have been stipulated within national broadcasting law to become the standard measure of ‘information appropriateness’ However, a fundamental question emerges: are national information goals compatible with commercial TV stations’ goals?

In this essay, I will argue that national information goals are incompatible with the aims of commercial TV stations. The goals are served better by public service broadcasting institution. Therefore, I will suggest that providing and supporting public service broadcasting is crucial to fulfill the national information goals. To support the argument, I will elucidate the brief history of Indonesian TV broadcast. I will also explain how Indonesian commercial TV stations tend to be profit-driven and frequently violate the national information goals as stipulated in Indonesian Broadcasting Law number 23/2002 and Broadcasting Code of Conduct and Broadcasting Programs Standard (P3SPS).

Indonesian Broadcasting Law states that broadcasting is aimed to strengthen national integrity; to cultivate national character and identity which is based on faith and piety (to God); to educate the nation; to promote prosperity; to develop the independent, democratic, just, and prosper society; and to grow Indonesian national broadcasting industry. It also states that broadcasting is a medium to inform, to educate, to provide healthy entertainment, to control society and to promote social cohesion. It also states that broadcasting has economy and cultural functions (Indonesia, 2002).

Methodology

I will focus my discussion only on television, thus avoid a rigor discussion on other media such as radio, digital media (internet based media), printed media (magazine, tabloid, and newspaper), and cinema. I choose television as it is considered the most popular media in Indonesia with urban penetration rate reached 100 % in 2012. The rate was far beyond other media penetration rate in the same year such as internet with 57%, newspaper 55%, radio 40%, magazine 12%, and cinema 11% (Statista, 2013).

Figure 1: Media penetration in urban Indonesia 2012 (Statista, 2013)

To support my thesis, I will look at Indonesian Broadcasting Commission (KPI) investigation over Indonesian broadcasting materials (programs) from 2010 to 2012. For the latest update, I will particularly examine some violations on Indonesian national commercial TV stations’ programs that was broadcasted on 9 – 23July 2013. My examination will be based on KPI’s report as it was issued by the legitimate independent body which was set up to regulate Indonesian broadcasting sector, including overseeing broadcasting content (Kitley, 2008). In overseeing the content, KPI refers to P3SPS (KPI, 2010).

Discussion

Indonesian broadcasting history: from the dominance of the state to the market

If we look at the history of television broadcasting sector in many countries, we can see that its emergence was mostly initiated by the government or the state, such as the BBC in the UK, ABC in Australia, and CBC in Canada. In Indonesia, Televisi Republik Indonesia (TVRI) was launched by the Indonesian government on 24 August 1962. Its main agenda was to support the state interest (TVRI, 2013).

The idea to establish a TV station was introduced in 1953 by Maladi, Indonesian Minister for Information, to support the first Indonesian general election in 1955. Subsequently, the idea was rejected by Indonesian cabinet (comprised of president and ministers) as the project was viewed too expensive. The idea was finally approved in 1958 as Indonesia was about to host the fourth Asian Games in 1962 (SK, 2012). The establishment of TVRI was part of the first Indonesian president Sukarno’s mercusuar political vision in which national pride is much more important than any other agendas. TVRI, he believed, could increase Indonesian image in the world (Pahlemy, 2007).

The opening of the fourth Asian Games was broadcasted for three hours for the radius of 70 kilometers. The live program was received by 10,000 televisions set which was randomly distributed for free around Jakarta (SK, 2012). The program also reached Bandung (about 200 kilometers away from Jakarta) as students at Bandung Institute of Technology (ITB) and some local engineers set up a relay station so that Bandung people could also watched the event. The effort made by students and engineers in Bandung has given three important lessons:

promoting the spirit of national unity;
declaring an idea of Indonesia self-sufficiency on broadcasting technology;
enabling the development of new business sectors, such as the development of relay transmissions all over the country and television set selling (Barker, 2005).

A major progress occurred in 1976 when Indonesian government launched Palapa satellite. Indonesia became the first developing country in the world that had its own satellite (Barker, 2005). The satellite was used as a mean to unite thousands of Indonesia’s sprawling islands across the country from Sabang in the far-East to Merauke in the far-west. It brought into reality the idea of the unity of Indonesian people as a nation, the imagined community (Kitley, 1994). This idea is clearly reflected through the name of the satellite: Palapa. The name was chosen by Suharto, the president of Indonesia, to project his political vision.

I pondered the history of [the Kingdom of] Majapahit when [its] Prime Minister Gajah Mada vowed that he would not taste the fruits of his efforts (Palapa) before the unity and integrity of the kingdom had become a reality. Today, this unity and integrity are living realities. (Abdullah, 2009: 436)

TVRI monopoly ended in 1987 as a result of continuing demand by the business sector to commercialize broadcasting sector and to provide alternative viewing for the public (Kitley, 1994). During 1987 to 1993, five commercial television stations had been established: Rajawali Citra Televisi Indonesia (RCTI) in 1987; Surya Citra Televisi Indonesia (SCTV) in 1989; Televisi Pendidikan Indonesia (TPI-now MNCTV) in 1990; Andalas Televisi (ANTV) in 1993; and Indosiar in 1995. The period was called as the first wave of Indonesian commercial television (Hollander et al., 2009, Hendriyani et al., 2011).

A distinct characteristic of the first wave of commercial television in Indonesia is that the stations were still deeply-controlled by the Suharto regime (Hollander et al., 2009, Sudibyo and Patria, 2013). The state prohibited other TV stations than TVRI to produce news program with strong political views. Therefore, only soft news program could exist. The government could also interfere the TV stations’ editorial policies. Based on Guidelines for Commercial Television (1990), they should support the Constitution, Pancasila (state’s ideology), national development, and SARA doctrine (abbreviation for suku or ethnic group, agama or religion, ras or race, and antar-golongan or inter-group relation) (Hollander et al., 2009). However, despite the ideal goals, the regime was free to define what was considered against those rulings. This kind of political approach was easily implemented as those TV stations were owned by Suharto’s cronies (Hollander et al., 2009, Sudibyo and Patria, 2013). This phenomenon was identified as ‘a process of commercialization without independence’ (Chan and Ma, 1996: 49).

The second wave of commercial broadcasting in Indonesia occurred during the earliest period of Reform era, after the collapse of the Suharto regime in 1998 (Hendriyani et al., 2011). State control over broadcasting institutions became unpopular. In 1999, Department of Information, who strongly regulated the broadcasting sector, was dissolved (it was re-established in 2001 with new name “Department of Communication and Information Technology”). Within two years (2000-2002), Indonesian government issued five new licenses for five new commercial television stations: Metro TV, Trans TV, Global TV, TV 7 (now Trans 7), and Lativi (now TV One). A distinct characteristic of the second wave is that the owners of the commercial TV stations were diverse, came from different backgrounds, and had no close relationship with the ruling elites (Hollander et al., 2009). Therefore, the commercial TV stations after the collapse of Suharto regime (the Reform era) are free from government intervention.

As the competition in the broadcasting sector increased, TVRI faced uncertain status. To address this matter, in 2000, the Indonesian government issued regulation number 36/2000 which changed the status of TVRI from foundation to commercial TV station owned by the government under the Ministry of Finance (TVRI, 2013). The status is called Perusahaan Jawatan (Perjan). Under this regulation, TVRI was funded from the National Budget (Anggaran Pendapatan dan Belanja Negara/APBN), license fee, commercial TV contribution, cooperation with other stakeholders, and other legal businesses (Indonesia, 2000).

This status was short-lived and ended in 2002. The government changed TVRI status from Perusahaan Jawatan to Perusahaan Perseroan (Persero), thus TVRI was fully commercialized. It no longer works under the Ministry of Finance but under the Ministry of State-owned Enterprises (Kementerian Badan Usaha Milik Negara/BUMN). However, this status was also short-lived. The new Indonesian Broadcasting Law (IBC) that was enacted in 2002 states that TVRI should fully operated as public service broadcasting institution by 2005 (TVRI, 2013). However, the source of funding is almost the same as it was. Based on the law, TVRI is funded by five major sources: (1) license fee; (2) National/Provincial Budget; (3) public donation; (4) advertisement; and (5) other legal related broadcasting businesses.

Despite its clear status as a public broadcasting institution, TVRI still cannot compete with other commercial TV stations. TVRI has consistently gained the lowest market share despite it has the widest coverage region in Indonesia (Hollander et al., 2009). Low budget support from the government; lack of qualified human resources; and old infrastructure are the most highlighted sources of the problem (Pahlemy, 2007, Batubara, 2012, Nurhasim, 2012). Although TVRI is allowed to generate funding from other sources, TVRI operational budget merely relies from national budget. The allotted budget is considered too small to support TVRI daily operation although the budget has continuously increased every year. It has been argued that in 2011-2012, TVRI budget was about a third of the commercial television market leader (Batubara, 2012).

Figure 2: TVRI subsidy 2010-2014 (Batubara, 2012, Nurhasim, 2012, Pohan, 2012)

Figure 3: Indonesian TV stations market share 2007 (Hollander et al., 2009)

Figure 4: Indonesian TV stations market share 2013 (Research, 2013)

Figure three and four show that the commercial TV stations have absolutely taken over TVRI’s dominance. If we compare the 2007 figure with the 2013 figure, it also shows that competition has increased significantly. Market share disparity between TV stations is getting narrower, although TVRI still has the lowest market share.

However, the commercial TV stations’ achievement does not correspond to their programs quality as stipulated by the law and regulations. KPI reports over the issue have shown that the quality of commercial TV stations’ programs has deteriorated. From 2010 to 2012, KPI had issued 229 administrative sanctions. The majority of those violations were conducted by commercial TV stations.

Based on P3SPS, there are seven administrative sanctions (KPI, 2012a): (1) warning letter; (2) broadcast suspension; (3) duration restriction; (4) administrative fine; (5) broadcasting ban; (6) discontinuation of broadcasting permit by the end of the current license; and (7) termination of the current license. However, there were only four administration sanctions imposed in 2010-2012 (KPI, 2010, KPI, 2011, KPI, 2012b): (1) first warning; (2) second warning; (3) duration restriction; and (3) broadcast suspension.

Figure 5: Administrative sanctions 2010-2012 (KPI, 2010, KPI, 2011, KPI, 2012b)

Figure 6: Administrative sanctions based on categories 2010-2012(KPI, 2010, KPI, 2011, KPI, 2012b)

Figure 7: Number of administrative sanctions based on TV stations 2010-2012 (KPI, 2010, KPI, 2011, KPI, 2012b)

From 2010 to 2012 there had been 228 administrative sanctions. The average number of sanctions in for commercial TV stations in a year stands at 7.4, while TVRI stands at 1.6. It clearly suggests that the commercial TV stations are more frequent to breach broadcasting rules. I would like to argue that it happens as the former is much more focus on making money, while the latter is much more focus on public service merit. As a result, those two types of TV stations are heading to the opposite directions. It can be understood as the commercial TV stations mainly generate their revenues from advertisement, while TVRI’s budget comes from taxpayer’s money. Therefore, TVRI can be much more focus to produce programs (despite their budget, human resources, and infrastructure constraints) and fulfill its public service mandate.

Pornography on the top list

Based on KPI’s report, most violations are related to pornographic materials, child protection, violence, swearing and cursing, program classification, modesty and decency, privacy, mystical-horror-supernatural material, religion issues, journalism ethics, individual/communal harassment, and gender issues (KPI, 2010, KPI, 2011, KPI, 2012b). Among those violations, restriction on pornography was the most violated one in 2010-2012. It dominantly breached Broadcasting Programs Standard, article 17a (SPS 2009) or article 18 (SPS 2012). The article states that broadcasting programs are prohibited “to exploit human body that could arouse lust, such as: thigh, back, breast, and/or genitals” (KPI, 2009). There had been 1012 violations from June 2010 to December 2011. The majority of the violations were conducted by commercial TV stations with average of 33.3 violations in a semester. On the other hand, TVRI’s violation in a semester was 0.33 (KPI, 2010, KPI, 2011).

Figure 8: Number of violations on pornography June 2010 - December 2011(KPI, 2010, KPI, 2011)

Figure 9: Total number of violations on pornography June 2010 - December 2011(KPI, 2010, KPI, 2011)

Figure 10: Percentage of the total violations on pornography June 2010 - December 2011 (KPI, 2010, KPI, 2011)

Violations during fasting month: a closer look

I have examined that from 9to 23July 2013, KPI had issued eight administrative sanctions to six programs from four commercial TV stations: Trans TV (four sanctions); ANTV (two sanctions); Trans 7 (one sanction) and RCTI (one sanction). Most of the programs were broadcasted on prime-time hour with relatively high rating. Five of eight violations broadcasted on prime-time hours, while three of eight violations occurred when the programs was the market share leader during the broadcasting hours.

The two week period coincided with the Ramadhan month based on Islamic calendar. During that period, the majority of Indonesian Muslims conducted fasting which is obligatory in Islam. To conduct the fasting, they get up earlier (around 2-5 am) to have an early-meal before sunrise. As a result, that period became ‘busy hours’ and all Indonesian TV stations considered it as one of prime-time hours in Ramadhan. There are three prime-time periods: 6 – 9 pm, 9 – 11 pm, and 2.30 – 4 am. The prime-time is defined by the highest rating and average number of viewers from all TV channels (Hasan, 2013).

TV station	Program	Schedule	Sanction	Violation	Rating	Share
Trans TV	Yuk Kita Sahur (Lets have early meal)	23 July 2013, 2 – 4 am	2^nd warning	Harassment to someone and/or group with certain mental and physical condition, certain sexual orientation.	3.3	30.9 %
Trans TV	Yuk Kita Sahur (Lets have early meal)	12 July 2013, 2 – 4.15 am	1^st warning	Harassment to someone and/or group with certain mental and physical condition, certain sexual orientation.	2.1	17.2 %
	Karnaval Ramadhan (Ramadhan Carnival)	15 July 2013, 4.15 – 5.15 pm	1^st warning	Harassment to someone and/or group with certain mental and physical condition, certain sexual orientation, breach of child protection.	1.4	7.8 %
	Ceriwis Pagi Manis (Sweet morning chat)	13 July 2013, 9.15 – 9.45 am	2^nd warning	violation of decency norms, child protection, broadcasting category	1.1	9.4 %
ANTV	Sahurnya Pesbuker (Facebookers’ early-meal)	23 July 2013, 2 – 4.30 am	2^nd warning	Harassment to someone and/or group with certain mental and physical condition, breach of child protection, and violation of decency norms.	0.7	6.1 %
	Sahurnya Pesbuker (Facebookers’ early-meal)	10 July 2013, 2 – 4.30 am	1^st warning	Harassment to someone and/or group with certain mental and physical condition, breach of child protection, and violation of decency norms.	1.1	8.5 %
RCTI	Hafidz Indonesia (Mastering [Holy Quran] Indonesia)	9 July 2013, 2.30 – 3.30 pm	1^st warning	Violation of child protection and decency norms.	2.5	20.2 %
Trans 7	Sahurnya OVJ (OVJ’s early-meal)	12 July 2013, 2.15 – 4.30 am	1^st warning	Harassment to someone and/or group with certain mental and physical condition and violation of decency norms.	2.5	19.3 %

Source: (KPI, 2013)

Conclusion

Based on those findings, I conclude that national information goals are incompatible with the aims of the commercial TV stations. This conclusion is based on the facts that most of the violations of broadcasting rules conducted by commercial TV stations’ programs. There is an indication that the more profitable the program is, the more prone the program violates the broadcasting rules. On the other hand, it also shows that only news commercial TV stations are less-prone to violate the rules, such as Metro TV and TV One. It also finds out that TVRI, the public service broadcasting television in Indonesia, has consistently had the lowest number of violations. The latter finding suggests that national information goals are much more possible to be implemented by public service broadcasting institution. Therefore, I suggest that supporting and strengthening the institution, among others by providing more budget, is the most effective way to ensure national information goals to be achieved.