Coalition reveals flaws in information bill
Coalition reveals flaws in information bill
Kurniawan Hari, The Jakarta Post, Jakarta
A coalition of non-governmental organizations (NGOs) for freedom
of information has called on the House of Representatives (DPR)
to discard articles allowing public offices to use existing laws
to justify their objections to information disclosure.
The group also said the use of other legislation as a
reference would only hamper effective implementation of the
freedom of information law, which is currently being deliberated
by House members.
"We must reject those articles. The law will be ineffective if
those articles are not scrapped," coalition member Wiwiek Awiyati
said during a discussion here on Thursday.
She was referring to article 5 and article 6 (1) of the
freedom of information bill, which was drafted by the House.
Article 5 stipulates that users of public information have
the obligation not to misuse information as related to this law
and other laws.
Article 6 (1), on the other hand, says that public offices
have the right to refuse to disclose information if it falls into
the category of information excluded by this and other laws.
Although the freedom of information bill mandates state
officials to reveal information, these officials can use other
laws to turn down a request for information disclosure.
Wiwiek, director of the Indonesian Center for Environmental
Law (ICEL), said the incorporation of other laws into this law
would only make the freedom of information law ineffective as
several laws have the tendency to keep information from the
public.
She cited laws on archives, trade secrets, terrorism and some
bills on state secrecy, intelligence and the Indonesian Military
(TNI).
Fellow coalition member Ignatius Haryanto from the Institute
for Press and Development Studies (LSPP) concurred with Wiwiek,
saying the freedom of information law would be useless should
those articles be implemented.
He warned lawmakers to continue providing freedom to the
public to get information. "There must be maximum access (to
information) and minimum exemptions," Ignatius said.
Under the freedom of information bill, all information is
accessible to the public, with some exceptions.
Among the information exempted from the public domain is that
which could affect law enforcement, put witnesses and officers in
danger, halt an investigation, affect protection of property
rights, disadvantage defense strategy, or violate personal
privacy.
Both Wiwiek and Ignatius also regretted a statement from head
of the State Intelligence Body (BIN) Hendropriyono, who expressed
his objection to permitting public access to information.
According to Hendropriyono, such access would threaten
national integrity.
Ifdal Kasim of the Institute for Policy Research and Advocacy
(ELSAM), meanwhile, said the statement from Hendropriyono
indicated an increase in efforts by the authorities to suppress
the development of democratic infrastructure.
He emphasized that the government was trying to use the
momentum of the "war against terrorism" to consolidate power vis
a vis the citizenry.