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.