Country Control Rights in the Radio Frequency Spectrum for Broadcasting in Indonesia

Abstract

ABSTRACT

The primary objectives of this research were to 1) analyze the incorporation of country control rights into relevant statutory regulations concerning the radio frequency spectrum in broadcasting, (2) assess whether the implementation of country control rights over the radio frequency spectrum aligns with its intended goal of maximizing the welfare of the population, and (3) develop a legal framework for country control rights in the context of digital broadcasting technology. A normative legal research method was employed to achieve these aims, utilizing statutory regulations, historical analysis, comparative research, and conceptual method. The statutory regulation method involved examining all laws and regulations pertaining to the frequency spectrum and broadcasting. The historical method was employed to investigate the evolution of regulations implemented in Indonesia, providing insights into the country's historical management of the radio frequency spectrum. A comprehensive understanding of spectrum management over time was crucial to determine the country's position in controlling the frequency spectrum. Additionally, the conceptual method sought to identify legal principles and relevant concepts underlying a new legal norm, particularly regarding country control rights in digital broadcasting technology. The results proved that, firstly, the country had effectively exercised various elements of control rights, including policy-making, regulation, management, administration, and supervision. Secondly, the objective of achieving the greatest prosperity for the people through country control rights had not been achieved. Thirdly, a consolidated method to country control rights, such as the concept of a single multiplexer or centrally managed radio frequency spectrum, would facilitate the country in attaining maximum prosperity for its people.