Law on state secrecy sought

JAKARTA (JP): What is a state secret or, to put it another way, what kind of information can be categorized as a state secret?

In a discussion on Wednesday, observers found that such a term had yet to be properly defined in existing law books, so that certain articles can be used loosely to charge someone with leaking state secrets.

Criminal law expert Loebby Loqman from the University of Indonesia suggested the drafting of a state secrecy law, which would stipulate a definitive formulation on state secrets.

"Because without it, no legal action should be taken against those who give away information which should be kept secret," he told the discussion at the Habibie Center.

Someone spreading information about the negative aspects or bad features of the government or state officials should not be charged with leaking state secrets, he asserted.

This is more likely on appropriateness and nationalism, he continued.

"Anyway, everybody is free to voice his or her own opinion," Loebby added.

Another speaker at the discussion, Heru Susetyo from the Indonesian Advocacy Center for Law and Human Rights (PAHAM), agreed upon the drafting of a state secrecy law, but proposed that a law on freedom of information should also be made.

"With that, there would be clarity on the public's right to get certain information without being hampered by undefined state secrecy concerns so they can monitor the government's policies and their implementation," he argued.

Article 112 of the Criminal Code stipulates that any person deliberately announcing any documents or information which, in the interest of the state, should be keep secret can be jailed for a maximum of seven years.

Article 113 stipulates that anyone found guilty of leaking secret documents, maps, plans, drawings or objects related to the country's defense and security policies is liable to a minimum of four years in jail.

Law No. 7/1971 on archives explains that state archives are the government's responsibility and outside parties who possess such documents are in violation of the law and are liable to a maximum 20-year jail term.

On the contrary, Heru explained, the laws on human rights and the press give the public the freedom to get information from any source, including the government.

The issue on the leaking of state secrets came to the fore recently when the police arrested former secretary-general of the forestry ministry, Suripto, who once worked for the country's intelligence coordinating body.

Suripto, who attended the discussion, said he made the "offending" report on the country's performance in his capacity as an analyst for the Institution of Indonesian Defense and Strategic Studies.

"But the information for the report came from open sources, including the media and direct observations, not from clandestine operations or stealing intelligence's confidential documents," he told journalists after the discussion.(bby)