The 28^th of September is celebrated around the world as “International Right to Know Day” and is formally recognized by over 60 countries, including Indonesia. Historically, the Right to Know Day was originally proclaimed on 28 September 2002 in Sofia, Bulgaria at an international conference organized by several organizations which promote freedom of public information.[1] Right to Know Day marks the realization of freedom of information within civil society and as exploited by journalists and citizens alike, who are able to access information which is held by ministries, state-owned enterprises and other public institutions.
 
In Indonesia, freedom of information is considered an inalienable human right which can be enjoyed by each and every individual, and which is specifically protected under the 1945 Constitution. In 2008, the country officially inaugurated its first law which ensures this right, specifically Law No. 14 of 2008 on the Disclosure of Public Information (“Freedom of Information Law”), which was later followed by Government Regulation No. 61 of 2010 on the Implementation of the 2016 Regulation (“2010 Regulation”). Both regulations aim to ensure public control of information, as well as the full participation of the government as regards access to certain information.
 
However, on February of 2016, theMinister of State Secretariat issued Regulation No. 2 of 2016 on Security Classification and Access to the Archives of the Ministry of State Secretariat (“2016 Regulation”). Although this regulation has been in force since February of 2016, the 2016 Regulation doesn’t yet seem to have garnered much public attention, in spite of the various important provisions that it contains. Through the 2016 Regulation, the Ministry of State Secretariat has fundamentally changed the very definition of freedom of information, as originally set out by the Freedom of Information Law. The 2016 Regulation has thus now become the source of new guidelines for the government as regards the disclosure and classification of certain archives which can be declared available for public access under the Freedom of Information Law.[2]
 
This week’s Indonesian Law Digest (ILD) will discuss key aspects of the 2016 Regulation and contrast them with a number of existing laws and regulations. To this end, this week's discussion will confine itself to the following topics: