Law on state secrecy sought<\/p>\n
JAKARTA (JP): What is a state secret or, to put it another
\nway, what kind of information can be categorized as a state
\nsecret?<\/p>\n
In a discussion on Wednesday, observers found that such a term
\nhad yet to be properly defined in existing law books, so that
\ncertain articles can be used loosely to charge someone with
\nleaking state secrets.<\/p>\n
Criminal law expert Loebby Loqman from the University of
\nIndonesia suggested the drafting of a state secrecy law, which
\nwould stipulate a definitive formulation on state secrets.<\/p>\n
\"Because without it, no legal action should be taken against
\nthose who give away information which should be kept secret,\" he
\ntold the discussion at the Habibie Center.<\/p>\n
Someone spreading information about the negative aspects or
\nbad features of the government or state officials should not be
\ncharged with leaking state secrets, he asserted.<\/p>\n
This is more likely on appropriateness and nationalism, he
\ncontinued.<\/p>\n
\"Anyway, everybody is free to voice his or her own opinion,\"
\nLoebby added.<\/p>\n
Another speaker at the discussion, Heru Susetyo from the
\nIndonesian Advocacy Center for Law and Human Rights (PAHAM),
\nagreed upon the drafting of a state secrecy law, but proposed
\nthat a law on freedom of information should also be made.<\/p>\n
\"With that, there would be clarity on the public's right to
\nget certain information without being hampered by undefined state
\nsecrecy concerns so they can monitor the government's policies
\nand their implementation,\" he argued.<\/p>\n
Article 112 of the Criminal Code stipulates that any person
\ndeliberately announcing any documents or information which, in
\nthe interest of the state, should be keep secret can be jailed
\nfor a maximum of seven years.<\/p>\n
Article 113 stipulates that anyone found guilty of leaking
\nsecret documents, maps, plans, drawings or objects related to the
\ncountry's defense and security policies is liable to a minimum of
\nfour years in jail.<\/p>\n
Law No. 7\/1971 on archives explains that state archives are
\nthe government's responsibility and outside parties who possess
\nsuch documents are in violation of the law and are liable to a
\nmaximum 20-year jail term.<\/p>\n
On the contrary, Heru explained, the laws on human rights and
\nthe press give the public the freedom to get information from any
\nsource, including the government.<\/p>\n
The issue on the leaking of state secrets came to the fore
\nrecently when the police arrested former secretary-general of the
\nforestry ministry, Suripto, who once worked for the country's
\nintelligence coordinating body.<\/p>\n
Suripto, who attended the discussion, said he made the
\n\"offending\" report on the country's performance in his capacity
\nas an analyst for the Institution of Indonesian Defense and
\nStrategic Studies.<\/p>\n
\"But the information for the report came from open sources,
\nincluding the media and direct observations, not from clandestine
\noperations or stealing intelligence's confidential documents,\" he
\ntold journalists after the discussion.(bby)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/law-on-state-secrecy-sought-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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