Freedom of information indonesia Essay
By: Adistra Kusuma Waligalit, Faculty of Law of Gadjah Mada University
This study identified several Legal defects regarding the Act on Public Freedom of Information of Indonesia. These legal defects will be explained along with the reccomendations of remedy as below.
After experiencing a difficult time in New Order era (1966-1998), when the civil rights to freely obtain information had been abused by the government at that time, a glimmer of hope emerged when the government enact a new Act regarding Public Freedom of Information in 2008 (Act number 14). But just as too good to be true, the hope was only short lived. It seemed that the government is …show more content…
It is evident that the definition of public entity in the Act is too broad. The subject of the law is somewhat obscure and the idea of public entity itself became unclear. Therefore, a more specific explanation and classification of public entity is needed.
Aside of revising the Act to provide more explanations about public entity, i think it is necessary to make a certain body that specifically handles the informations from public entities because it will be too difficult for a normal person to recognise which is the public entity. So, it will be alot easier if they can go to a certain body that already has the compilation of the informations.
It is also important to provide a further regulation regarding the public entity and its affiliation with another entities because sometimes a private entity is under the supervision of a public entity.
I recognise two fundamental problems within the Indonesian Act on public freedom of information. The first problem is the provisions in the act is contrary to the principles in freedom of information. The second problem is the definition of the public entity, the subject of law in this provision, is still unclear.
Maximum access limited exemption principle is a principle that manage the rights over the information. This principle considers that an information can be exempted after considering the consequential