The government had released the implementing regulation of Law No. 14 of 2008 on Freedom of Public Information (“Freedom of Public Information Law”), namely Government Regulation No. 61 of 2010 (“Regulation”). In essence, the Regulation not only governs the time limitation for ‘Public Institutions’ to withhold certain confidential information, but also the procedure for Public Institutions to pay compensation to the public in a public information-related case.
The procedure of compensation payment regulated under this Regulation relates to the compensation payment process from a Public Institution to a public information seeker following a final and binding decision, which found that the relevant Public Institution was guilty of charge.
According to Article 16 (1) of the Regulation, the payment of compensation must be carried out based on the procedure of compensation payment in the Administrative Court. Although the Regulation provides no further explanation on such a provision, it is fair to say that such a procedure is the procedure set out in Government Regulation No. 43 of 1991 on Compensation and its Procedure at the Administrative Court (“Regulation No. 43”).
Like Regulation No. 43, the Regulation stipulates that the amount of compensation that a plaintiff (i.e., a public information seeker) could obtain is a maximum of IDR 5 million.
The compensation that a Public Institution must pay will be borne by the Public Institutions as a whole, and not solely by the head officials of the Institution (Article 17 of the Regulation).
The Regulation provides that in the event a Public Institution could not pay the compensation within the ongoing fiscal year, the obligation to pay the compensation will be continued to the subsequent fiscal year.
The Regulation has been in force since 23 August 2010.
For a brief overview on the Regulation’s discussion of the time limitation for Public Institutions to withhold certain confidential information, see ILB 1489 31/8/2010.
The government had released the implementing regulation of Law No. 14 of 2008 on Freedom of Public Information (“Freedom of Public Information Law”), namely Government Regulation No. 61 of 2010 (“Regulation”). In essence, the Regulation not only governs the time limitation for ‘Public Institutions’ to withhold certain confidential information, but also the procedure for Public Institutions to pay compensation to the public in a public information-related case.
The procedure of compensation payment regulated under this Regulation relates to the compensation payment process from a Public Institution to a public information seeker following a final and binding decision, which found that the relevant Public Institution was guilty of charge.
According to Article 16 (1) of the Regulation, the payment of compensation must be carried out based on the procedure of compensation payment in the Administrative Court. Although the Regulation provides no further explanation on such a provision, it is fair to say that such a procedure is the procedure set out in Government Regulation No. 43 of 1991 on Compensation and its Procedure at the Administrative Court (“Regulation No. 43”).
Like Regulation No. 43, the Regulation stipulates that the amount of compensation that a plaintiff (i.e., a public information seeker) could obtain is a maximum of IDR 5 million.
The compensation that a Public Institution must pay will be borne by the Public Institutions as a whole, and not solely by the head officials of the Institution (Article 17 of the Regulation).
The Regulation provides that in the event a Public Institution could not pay the compensation within the ongoing fiscal year, the obligation to pay the compensation will be continued to the subsequent fiscal year.
The Regulation has been in force since 23 August 2010.
For a brief overview on the Regulation’s discussion of the time limitation for Public Institutions to withhold certain confidential information, see ILB 1489 31/8/2010.
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