In order to facilitate the implementation of Law No. 14 of 2008 on the Freedom of Public Information, the National Police Chief recently released Regulation No. 16 of 2010 on the Procedure of Providing Information to the Public by the Police Force. Although the Regulation focuses more on the harmonization of how all levels of information relating to the Police Force are to be provided to the public, this Indonesian Legal Brief will highlight the matters pertaining to the classification of the Police Force’s information that can and cannot be publicly revealed.
Generally, there are 5 categories of information held by the Police Force: (1) confidential, (2) open, (3) information that must be provided immediately, (4) information that must be available at all times, and (3) information that must be provided periodically.
According to Article 6 of the Regulation, confidential information includes:
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Information that can hamper an inquiry or investigation of a particular crime;
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Information that can reveal the identity of an informant, ‘whistle blower,’ victim, or witness who revealed the existence of a crime;
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Intelligence information relating to transnational crime;
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Information that would endanger the safety of an investigator and / or his or her family; and
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Information that could engender the equipment that is used by the investigators.
Each of the abovementioned information categories is further explained in Articles 7 - 11, respectively.
Open to public information, meanwhile, may consist of information, such as the Most Wanted list, estimated budgets of investigators, updates on investigations (‘SP2HP’), and the results of any investigations.
Information that must be provided immediately (e.g. natural disasters, bomb treats, and riots), available at all times, and provided periodically is regulated in Articles 13, 14, and 15 of the Regulation respectively.
Aside from the categories of information held by the Police Force, it is also interesting to note how the Regulation provides flexibility in the way the Police Force is to publicize its information. As stipulated in Article 31 of the Regulation, Police Force-related information and data can be provided via currently popular information technology, such as the Multimedia Messaging Service (MMS), Short Message Service (SMS), internet, and fax. However, whether these mediums will be properly employed by the Police officials to provide their information to the public, remains an open question.
Regardless of the implementation of the Regulation, the provisions of the Regulation have been in force since 18 June 2010.
In order to facilitate the implementation of Law No. 14 of 2008 on the Freedom of Public Information, the National Police Chief recently released Regulation No. 16 of 2010 on the Procedure of Providing Information to the Public by the Police Force. Although the Regulation focuses more on the harmonization of how all levels of information relating to the Police Force are to be provided to the public, this Indonesian Legal Brief will highlight the matters pertaining to the classification of the Police Force’s information that can and cannot be publicly revealed.
Generally, there are 5 categories of information held by the Police Force: (1) confidential, (2) open, (3) information that must be provided immediately, (4) information that must be available at all times, and (3) information that must be provided periodically.
According to Article 6 of the Regulation, confidential information includes:
-
Information that can hamper an inquiry or investigation of a particular crime;
-
Information that can reveal the identity of an informant, ‘whistle blower,’ victim, or witness who revealed the existence of a crime;
-
Intelligence information relating to transnational crime;
-
Information that would endanger the safety of an investigator and / or his or her family; and
-
Information that could engender the equipment that is used by the investigators.
Each of the abovementioned information categories is further explained in Articles 7 - 11, respectively.
Open to public information, meanwhile, may consist of information, such as the Most Wanted list, estimated budgets of investigators, updates on investigations (‘SP2HP’), and the results of any investigations.
Information that must be provided immediately (e.g. natural disasters, bomb treats, and riots), available at all times, and provided periodically is regulated in Articles 13, 14, and 15 of the Regulation respectively.
Aside from the categories of information held by the Police Force, it is also interesting to note how the Regulation provides flexibility in the way the Police Force is to publicize its information. As stipulated in Article 31 of the Regulation, Police Force-related information and data can be provided via currently popular information technology, such as the Multimedia Messaging Service (MMS), Short Message Service (SMS), internet, and fax. However, whether these mediums will be properly employed by the Police officials to provide their information to the public, remains an open question.
Regardless of the implementation of the Regulation, the provisions of the Regulation have been in force since 18 June 2010.
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