Judicial independence is a fundamental goal of legal systems, and the appointment systems are considered crucial to achieving this goal. In the field of law, the influence of digital technology on changing values and lifestyles of society is inevitable. Significant changes, if not anticipated, will leave the law lagging behind, especially if it fails to adapt to these social changes. Two premeditated murder cases involving Brigadir J (Nofriansyah Yosua Hutabarat) and Wayan Mirna Salihin demonstrate how the mass media, if not following its path, can create a phenomenon of “trial by the press.” Before the judge delivers the verdict, the media has already shaped public opinion, potentially leading to differing levels of satisfaction when the final ruling is announced. The concept of “trial by the press” involves the media constructing a reality that often diverges from social reality and objective empirical facts revealed during the legal process. As expressed by Schudson, news is a social construction involving perspectives, symbols, and values that may not always reflect the reality itself. With the characteristics of mass media, various consequences arise within society. According to Vincent F. Sacco, the reality construction process in crime reporting transforms criminal issues into topics of public concern. This social construction is shaped by the mass media gathering, sorting, and providing context for crime statistics to help the public identify which issues need primary attention and what impacts require immediate action. Trial by the Press can influence public perception and understanding about a specific topic. However, the public often overlooks media manipulation and accepts it as truth, especially when the information is not verified further. Denis McQuail states that the mass media has characteristics that reach a wide audience, indirectly affecting social life. Media plays a crucial role in shaping public opinion, where societal views will influence their attitudes and mentality. The impact of media construction has been evident in the trials of Brigadir J (Nofriansyah Yosua Hutabarat) in 2022 and Wayan Mirna Salihin in 2016. Continuous media coverage of these cases shapes public perceptions that the accused are guilty, even before the courts decide. This form of “Trial by the Press” goes against the Journalism Code of Ethics PWI, emphasizing the presumption of innocence principle. The media’s coverage from the start to the final court decision portrays the murder cases of Brigadir J and Wayan Mirna as the main focus, with the public eagerly following, especially concerning the “Police General” and “Cyanide” as deadly poison. The media’s consistent strategy in presenting these cases, from investigation to court proceedings, influences the perception of guilt formed long before the judge’s ruling. A fair legal system requires impartial, competent, transparent, and accountable judges to ensure judicial independence. However, media coverage undermining the integrity of judges can lower public trust. Many individuals lack direct experience with criminal justice systems, shaping their understanding based on media portrayals or others. Consequently, public understanding of legal views and perceptions of the justice system significantly rely on media depictions. Communication Science is not merely the exchange of messages between communicators and recipients but also involves the impact of the information shared. Therefore, regulating news values in the mass media is a challenging task in this modern era where information flow… (continue in the source link)
