Freedom of information indonesia
LEGAL PROPOSITION ON THE PUBLIC FREEDOM OF INFORMATION OF INDONESIA
By: Adistra Kusuma Waligalit, Faculty of Law of Gadjah Mada University
This study identified several Legal defects regarding the Act on Public Freedom of Information of Indonesia. These legal defects will be explained along with the reccomendations of remedy as below.
INTRODUCTION
After experiencing a difficult time in New Order era (1966-1998), when the civil rights to freely obtain information had been abused by the government at that time, a glimmer of hope emerged when the government enact a new Act regarding Public Freedom of Information in 2008 (Act number 14). But just as too good to be true, the hope was only short lived. It seemed that the government is still reluctant to handle this sensitive topic. The lengthy process and laggy session in the making of this Act only reflects that the idea was hardly approved by many officials, prompting the act to be inaugurated in 2010 eventhough it had been enacted in 2008. As the result, the implication of this Act does not satisfy the expectation.
I recognise two (2) fundamental legal defects in this Act:
1. The Act does not fulfill Maximum access limited exemption principle.
2. Unclear definition of public enitity.
PRESENTATION OF THEORY/EVIDENCE OR CONTENT ANALYSIS
FIRST: The Act does not fulfill Maximum access limited exemption principle
Article 14-16 in the Act number 14 year 2008 contradicts with the principle of maximum access limited exemption. Maximum access limited exemption principle is a fundamental principle that governs the right over the information. The aforementioned articles (14-16) explains about the limit of the information that must be given to the public by the public entities. This is contrary to the principle, in which the exemption of an information shall be decided by carefulness, by conducting consequential damage test method, and balancing the public interest. Whether the information is acceptable to be
By: Adistra Kusuma Waligalit, Faculty of Law of Gadjah Mada University
This study identified several Legal defects regarding the Act on Public Freedom of Information of Indonesia. These legal defects will be explained along with the reccomendations of remedy as below.
INTRODUCTION
After experiencing a difficult time in New Order era (1966-1998), when the civil rights to freely obtain information had been abused by the government at that time, a glimmer of hope emerged when the government enact a new Act regarding Public Freedom of Information in 2008 (Act number 14). But just as too good to be true, the hope was only short lived. It seemed that the government is still reluctant to handle this sensitive topic. The lengthy process and laggy session in the making of this Act only reflects that the idea was hardly approved by many officials, prompting the act to be inaugurated in 2010 eventhough it had been enacted in 2008. As the result, the implication of this Act does not satisfy the expectation.
I recognise two (2) fundamental legal defects in this Act:
1. The Act does not fulfill Maximum access limited exemption principle.
2. Unclear definition of public enitity.
PRESENTATION OF THEORY/EVIDENCE OR CONTENT ANALYSIS
FIRST: The Act does not fulfill Maximum access limited exemption principle
Article 14-16 in the Act number 14 year 2008 contradicts with the principle of maximum access limited exemption. Maximum access limited exemption principle is a fundamental principle that governs the right over the information. The aforementioned articles (14-16) explains about the limit of the information that must be given to the public by the public entities. This is contrary to the principle, in which the exemption of an information shall be decided by carefulness, by conducting consequential damage test method, and balancing the public interest. Whether the information is acceptable to be
References: Books Institution of Technology Esthetics and Science. Public Freedom of Information Guide Book (Indonesian) Other Sources http://www.docstoc.com/docs/51901867/Maximum-Access-Limited-Exemption http://www.mimbar-opini.com/mod.php?mod=publisher&op=viewarticle&artid=1640 http://webarchive.nationalarchives.gov.uk/20090516124148/http://www.30yearrulereview.org.uk Laws Indonesian Act number 14 year 2008 U.K. Freedom of Information Act 2000 U.S. Executive Order 13526