It is a little ironic that the document that regulates the management of archival documents is almost 40 years old and probably worthy of some archiving itself. The government seemingly agrees, and has enacted Law No. 43 of 2009 to repeal and replace Law No. 7 of 1971. It is clear that the 1971 Law on Archives was no longer fit for purpose nor was it reflective of current practice in the field of archiving. The fact that no new law had been enacted in this field meant that there was a piecemeal set of regulations governing archiving that did not really provide any legal certainty or structure to how archives were to be managed and maintained.
The purpose of the new law is clearly to rectify these deficiencies.
There is little doubt that the current government has come to realize that there is significant value in collecting, collating, preserving, and disseminating the archives. This value is not only historical, but also current as the archives allows those generations that follow to access Indonesian history in the words and interpretations of those that lived it at the time.
The key features and provisions of the new law are, among others:
-Definition and limitation on the implementation of archiving
-Principles, purposes, and scope of the implementation of archiving
-The national archiving system, the national archiving information system, and the national archiving information network
-The implementation of archiving
-Authenticity
-The development of archiving
-Organization
-Financing
-Human resources;
-Facilities and infrastructure
-Protection and safety of the archives
-Socialization
-The communities’ participation and the organization of archiving profession
-Administrative and criminal sanctions
In even more general terms the new law sets out that the fundamental underlying principles of the new law are that it is to provide greater legal certainty, accountability, authenticity, provenance, original order, responsive, professionalism, and the public interest, among many others.
Article 9 defines two basic types of archives; dynamic and static. Dynamic archives are further enumerated to include: vital, active, and inactive archives. In contrast, static archives are simply those determined to be of value and warrant preservation. The management and preservation of each of these types of archives is set out in the succeeding articles.
The law provides for both administrative and criminal sanctions. The administrative sanctions include written warnings and also suspension of pay rises and suspension of promotions for a period of up to 12 months. The criminal sanctions permit terms of imprisonment up to ten years and criminal fines of up to IDR 500 million.
The implementing regulations must be in place within 12 months from the date of enactment of the law.
It is a little ironic that the document that regulates the management of archival documents is almost 40 years old and probably worthy of some archiving itself. The government seemingly agrees, and has enacted Law No. 43 of 2009 to repeal and replace Law No. 7 of 1971. It is clear that the 1971 Law on Archives was no longer fit for purpose nor was it reflective of current practice in the field of archiving. The fact that no new law had been enacted in this field meant that there was a piecemeal set of regulations governing archiving that did not really provide any legal certainty or structure to how archives were to be managed and maintained.
The purpose of the new law is clearly to rectify these deficiencies.
There is little doubt that the current government has come to realize that there is significant value in collecting, collating, preserving, and disseminating the archives. This value is not only historical, but also current as the archives allows those generations that follow to access Indonesian history in the words and interpretations of those that lived it at the time.
The key features and provisions of the new law are, among others:
-Definition and limitation on the implementation of archiving
-Principles, purposes, and scope of the implementation of archiving
-The national archiving system, the national archiving information system, and the national archiving information network
-The implementation of archiving
-Authenticity
-The development of archiving
-Organization
-Financing
-Human resources;
-Facilities and infrastructure
-Protection and safety of the archives
-Socialization
-The communities’ participation and the organization of archiving profession
-Administrative and criminal sanctions
In even more general terms the new law sets out that the fundamental underlying principles of the new law are that it is to provide greater legal certainty, accountability, authenticity, provenance, original order, responsive, professionalism, and the public interest, among many others.
Article 9 defines two basic types of archives; dynamic and static. Dynamic archives are further enumerated to include: vital, active, and inactive archives. In contrast, static archives are simply those determined to be of value and warrant preservation. The management and preservation of each of these types of archives is set out in the succeeding articles.
The law provides for both administrative and criminal sanctions. The administrative sanctions include written warnings and also suspension of pay rises and suspension of promotions for a period of up to 12 months. The criminal sanctions permit terms of imprisonment up to ten years and criminal fines of up to IDR 500 million.
The implementing regulations must be in place within 12 months from the date of enactment of the law.
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
