Law on state secrecy sought
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)