Kajian atas Kegagalan dalam Revisi Undang-Undang No. 32/2002 tentang Penyiaran

Abstract

Law Number 11 of 2020 concerning Job Creation, enacted on November 2, 2020, was declared conditionally unconstitutional by the Constitutional Court in Ruling Number 91/PUU-XVIII/2020 on November 21, 2021. This regulation was subsequently revoked by Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, issued on December 30, 2022. Government Regulation Number 46 of 2021 concerning Postal Services, Telecommunications, and Broadcasting is considered inadequate to address the complexities of the rapidly evolving digital broadcasting industry. Since 2007, the House of Representatives (DPR) of the Republic of Indonesia has repeatedly attempted to revise Law Number 32 of 2002 concerning Broadcasting—incurring significant public expenditure—yet these efforts have largely been ineffective. In 2026, the proposed revision was once again included in the Priority National Legislation Program for the sixth time. This study examines the persistent failures in the revision process and explores an appropriate framework for reformulating digital broadcasting regulations. Employing a qualitative approach, data were gathered through literature reviews and legal analysis, then reflectively analyzed using the Multiple Streams Framework (Kingdon, 1984) and media convergence theory (Jenkins, 2006). The findings indicate that political dynamics, legal constraints, limited public participation, and tensions between industry interests and press freedom constitute the primary obstacles to this legislative reform. The study also reveals that the absence of regulations accommodating media convergence and over-the-top (OTT) platforms has created a legal vacuum and an imbalance in oversight between conventional and digital media.