Although anyone was in principle given the right to request information from all state agencies by Law No. 14 of 2008 on the Freedom of Information, the Law called for further implementing regulation by 1 April 2010 to translate its ideal into an operational reality. So far, the implementing Draft Government Regulation that was circulated for dissemination on 18 March 2010 - and that hukumonline has obtained - would suggest that although the right to request information from a public institution is extended to all citizens, the actual disclosure of information will continue to be at the discretion of state agencies.
In short: Every ‘public institution’ is required by the Law to establish a ‘Documentation and Information Management Officer’ to accept and review information requests by any individual, legal entity, or public institution; whether or not that includes foreign citizens is unclear. Requests can be denied because the information is deemed as ‘Classified Information’ for reasons of state security, natural resources, national economic stability, and diplomatic relationships.
To expand: In Article 1 of both the Law and Draft Government Regulation, ‘public institutions’ are defined to include any functional state agency, as well as executive, legislative, and judicial elements of government. Additionally, and perhaps problematically, it includes any organization - non-governmental organization included - funded by state, regional, and even non-state entities.
Meanwhile, Article 17 of the Law details precisely what information is classified under ‘state security,’ ‘natural resources,’ ‘national economic stability,’ and ‘diplomatic relationships’. Each is defined specifically, but together account for many foreseeable varieties of information requests; for one reason or another, information can be withheld if categorized according to one of those classifications.
As laid out in the implementing Draft, information from each category can be withheld for a certain period of time, corresponding to the level of classification that is regulated. Some information can be withheld for 30 years, while other information - that which relates to ‘national security’ for example - can be withheld at the discretion of the relevant public institution; indefinitely, in other words.
If information is denied, the requesting party may appeal to the newly-created Public Information Commission. After that, if the result is still unsatisfactory, the requesting party may appeal to either the relevant District Court, or Administrative Court depending on the public institution from which the information was requested. From there, the information may be pursued further at the Supreme Court by way of cassation.
If the requesting party suffers a material loss due to the denial of requested information from a state institution, they may seek financial reparation of up to IDR 5 million. The Draft addresses several routes for handling and dispensing these reparations, including who pays (i.e., governmental officials, or organizations), who is responsible, and what the implications are.
Again, according to Law No. 14 of 2008, the final form of this regulation is to be issued no later than 1 April 2010.
For a brief overview of Law No. 14 of 2008, see: ILB No. 814 4/4/2008.
Although anyone was in principle given the right to request information from all state agencies by Law No. 14 of 2008 on the Freedom of Information, the Law called for further implementing regulation by 1 April 2010 to translate its ideal into an operational reality. So far, the implementing Draft Government Regulation that was circulated for dissemination on 18 March 2010 - and that hukumonline has obtained - would suggest that although the right to request information from a public institution is extended to all citizens, the actual disclosure of information will continue to be at the discretion of state agencies.
In short: Every ‘public institution’ is required by the Law to establish a ‘Documentation and Information Management Officer’ to accept and review information requests by any individual, legal entity, or public institution; whether or not that includes foreign citizens is unclear. Requests can be denied because the information is deemed as ‘Classified Information’ for reasons of state security, natural resources, national economic stability, and diplomatic relationships.
To expand: In Article 1 of both the Law and Draft Government Regulation, ‘public institutions’ are defined to include any functional state agency, as well as executive, legislative, and judicial elements of government. Additionally, and perhaps problematically, it includes any organization - non-governmental organization included - funded by state, regional, and even non-state entities.
Meanwhile, Article 17 of the Law details precisely what information is classified under ‘state security,’ ‘natural resources,’ ‘national economic stability,’ and ‘diplomatic relationships’. Each is defined specifically, but together account for many foreseeable varieties of information requests; for one reason or another, information can be withheld if categorized according to one of those classifications.
As laid out in the implementing Draft, information from each category can be withheld for a certain period of time, corresponding to the level of classification that is regulated. Some information can be withheld for 30 years, while other information - that which relates to ‘national security’ for example - can be withheld at the discretion of the relevant public institution; indefinitely, in other words.
If information is denied, the requesting party may appeal to the newly-created Public Information Commission. After that, if the result is still unsatisfactory, the requesting party may appeal to either the relevant District Court, or Administrative Court depending on the public institution from which the information was requested. From there, the information may be pursued further at the Supreme Court by way of cassation.
If the requesting party suffers a material loss due to the denial of requested information from a state institution, they may seek financial reparation of up to IDR 5 million. The Draft addresses several routes for handling and dispensing these reparations, including who pays (i.e., governmental officials, or organizations), who is responsible, and what the implications are.
Again, according to Law No. 14 of 2008, the final form of this regulation is to be issued no later than 1 April 2010.
For a brief overview of Law No. 14 of 2008, see: ILB No. 814 4/4/2008.
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
