Indonesia
Name of law: Public Information Disclosure Act
First adopted: 2008
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2008
Last modified: n/a
RTI Rating last updated: n/a
Introduction
As a law that is still in the process of being implemented, Indonesia's right to information framework should appropriately be viewed with regards to that caveat. In particular, our expert turned our attention to the fact that several issues that our analysis found in Indonesia's procedural framework (Indicators 16, 17, 20, 25) are still in the process of being addressed through regulations originating from the Information Commissioner. Notwithstanding this status, there are several weaknesses in the law, including the non-enforceability ability of the Information Commissioner's decisions and the fact that information can be classified into exempt categories by other laws.
The law is also available in its Indonesian original here.
Local Expert: Agus Sudibyo
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 28 | 30 |
| 3 | Requesting Procedures | 13 | 30 |
| 4 | Exceptions & Refusal | 16 | 30 |
| 5 | Appeals | 25 | 30 |
| 6 | Sanctions & Protections | 3 | 8 |
| 7 | Promotional Measures | 10 | 16 |
| ∑ = 100 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | [Constitution of Indonesia] 28(f) Every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels. | In context, suggests a general right to receive information rather than a specific right to access government-held information but courts have interpreted it more broadly. Link to unofficial translation of the Constitution here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 2(1) Every Public Information is open and accessible by every User of Public Information. (2) An exception to the Public Information is restrictive and limited. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | 2(2) An exception to the Public Information is restrictive and limited. Preamble: Considering: (a) that information is a basic need of every person to develop their personality as well as their social environment, and is a significant part of the national security; (b) that the right to obtain information is a human right and transparency of public information is a significant characteristic of a democratic state that holds the sovereignty of the people in high esteem, to materialize good state management; (c) that transparency of public information is a mean to optimize public supervision on the organizing of the state and other public agencies and everything that affects the interest of the public; (d) that public information management is an effort to develop an informative society; (e) that based on the consideration as referred to in letter a, letter b, letter c, and letter d, it is necessary to issue a Law regarding public information transparency. (3) This law is aimed at the following: (a) To secure the right of the citizens to know public policy planning, public policy programs, and the process of public decision-making, as well as the reason of the concerning public decision-making; (b) To encourage public participation in the process of a public policy-making; (c) To increase the active role of the people in public policy-making and in good Public Agency management; (d) To materialize good governance, that is transparent, effective and efficient, accountable and responsible; (e) To know the rationale of a public policy that affects the life of the people; (f) To develop sciences and to increase the knowledge of the nation; and/or (g) To enhance the information management and service at Public Agency, so as to produce good quality information service. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 1(12) Public Information Applicant means an Indonesian citizen and/or an Indonesian corporation that applies for Public Information as regulated in this law. 2(1) Every Public Information is open and accessible by every User of Public Information. | Includes legal persons, but limited to Indonesians. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1(1) Information means the information, statement, ideas and signs having a value, meaning and message, be it data, fact and clarification that can be seen, heard and read, and are presented in various packages and formats, in accordance with the development of the information and communication technology, both electronically and non-electronically. | Very broad definition. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 1(1) Information means the information, statement, ideas and signs having a value, meaning and message, be it data, fact and clarification that can be seen, heard and read, and are presented in various packages and formats, in accordance with the development of the information and communication technology, both electronically and non-electronically. (2) Public Information means information that is produced, stored, managed, sent and/or received by a Public Agency relating to the organizer and the organizing of the state and/or the organizer and the organizing of other Public Agencies pursuant to this law and other information pertaining to the interest of the public. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | 1(3) includes the executive as a whole and the law includes reference to provincial and local bodies and any other agencies whose function relates to organizing the state - comprehensive enough for full points. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | 1(3) includes the legislative branch as a whole. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | 1(3) includes the judicial branch as a whole. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | 1(3) includes entities receiving public funding or whose main duties relate to organizing the state. I don't think this exactly covers institutions serving a public function - so I'll deduct a point. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | 4(3) Every Public Information Applicant has the right to request for Public Information, and has to state the reason for such request. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 22(2) The Public Agency shall record the name and address of the Public Information Applicant, the subject and format of the information as well as the method to deliver the information that is required by the Public Information Applicant. | Requires only name, address and description of info. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 22(1) Every Public Information Applicant may submit a request to obtain Public Information to the relevant Public Agency in writing or otherwise. (2) The Public Agency shall record the name and address of the Public Information Applicant, the subject and format of the information as well as the method to deliver the information that is required by the Public Information Applicant. (3) The Public Agency concerned shall record in written the request for Public Information that is submitted other than in writing. (4) The relevant Public Agency shall provide a receipt in the form of registration number for the request for Public Information as referred to in paragraph (1) and paragraph (3) upon the receipt of the request. (5) In the event that the request is submitted personally or by electronic letter, the registration number is given upon receipt of the request. (6) In the event that the request is submitted by letter, the registration number may be sent along with the information. (7) No later than 10 (ten) working days from the receipt of the request, the Public Agency concerned shall provide a written notification to the applicant that contains: (a) as to whether the required information are under its authority or not; (b) the entitled Public Agency where the required information can be obtained, in the case that the required information are not under its authority and the Public Agency knows which Public Agency held such information; (c) the acceptance or refusal of a request for the reason as stated and referred to in Article 17; (d) in the event that the request is accepted entirely or partly, the Public Agency shall state the subject of the information can be obtained; (e) in the event that a document contains exempt information as referred to in Article 17, such exempt information may be blackened with the reason and the subject thereof; (f) means to submit and the format of the information to be supplied; and/or (g) the cost and the payment method to obtain the required information. (8) The Public Agency concerned may extend the period to dispatch the notification as referred to in paragraph (7) to no later than 7 (seven) working days thereafter, with the reason therefore in writing. (9) Subsequent provisions on the method and procedure to request information to the Public Agency are regulated by the Information Commission. | Requests can be submitted in writing or otherwise. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 22(4) The relevant Public Agency shall provide a receipt in the form of registration number for the request for Public Information as referred to in paragraph (1) and paragraph (3) upon the receipt of the request. | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 22(7) No later than 10 (ten) working days from the receipt of the request, the Public Agency concerned shall provide a written notification to the applicant that contains: (a) as to whether the required information are under its authority or not; (b) the entitled Public Agency where the required information can be obtained, in the case that the required information are not under its authority and the Public Agency knows which Public Agency held such information; (c) the acceptance or refusal of a request for the reason as stated and referred to in Article 17; (d) in the event that the request is accepted entirely or partly, the Public Agency shall state the subject of the information can be obtained; (e) in the event that a document contains exempt information as referred to in Article 17, such exempt information may be blackened with the reason and the subject thereof; (f) means to submit and the format of the information to be supplied; and/or (g) the cost and the payment method to obtain the required information. | Requirement for notification. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 22(7) No later than 10 (ten) working days from the receipt of the request, the Public Agency concerned is obliged to submit a written notice that contains: (a) the required information for which he/she is authorized or otherwise; [...] | 10 working days. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 22(8) The Public Agency concerned may extend the period to dispatch the notification as referred to in paragraph (7) to no later than 7 (seven) working days thereafter, with the reason therefore in writing. | The language also seems to suggest that an explanation be provided, but this is unclear due to issues with the translation. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 5(1) The Public Information User is obliged to use Public Information in accordance with the law. (2) The Public Information User is obliged to state the source of his Public Information that is used for his/her own interest as well as for publication purposes, in accordance with the law. 51 Every person who deliberately uses Public Information against the law is sentenced to prison for a maximum of 1 (one) year and/or is fined for a maximum of Rp. 5,000,000.00 (five million rupiah). | 5(1) mentions some restrictions, though their scope and extent are unclear. 51 fine for misuse of information reinforces this. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 17. Every Public Agency shall open the access to obtain Public Information for every Public Information Applicant, except: [...] (j) information that may not be disclosed under the law. 63. At the time this law takes into effect, all regulations of the law pertaining to obtaining any existing information continue to prevail to the extent that they are not contrary and have not been replaced under this law. | 17(j) allows other laws to classify/exempt information. 63 reinforces this. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 6(1) A Public Agency has the right to refuse to provide exempted information [...] (3) The Public Information that exempted as referred to in paragraph (1) are: (a) information that may jeopardize the state; (b) information relating to the protection of the business from unhealthy business competition; (c) information relating to individual privacy; (d) information relating to official function; and/or (e) the required Public Information is not within its authority or not yet documented. 17. Every Public Agency shall open the access to obtain Public Information for every Public Information Applicant, except: (a) Public Information that if disclosed and supplied to the Public Information Applicant could obstruct the process of law enforcement, such as information that could: (1) obstruct the investigation and inquiry process of a crime; (2) disclose the identity of the informant, reporter, witness and/or the victim who knows a crime; (3) disclose the criminal intelligent data and the plans to prevent and to handle any form of transnational crime; (4) jeopardize the life and the safety of the law enforcement officer and/or his/her family; and/or (5) jeopardize the safety of the equipment, facilities and/or the infra-structure of the law enforcement officer. (b) Public Information that, if disclosed and supplied to the Public Information Applicant, may disturb the protection of the right to intellectual property and the protection from unhealthy business competition; (c) Information that, if disclosed and supplied to the Public Information Applicant, may jeopardize the defense and security of the state, ie. (1) information about the strategy, intelligence, operation, tactics and technical information of the state defense and security system, covering the planning, implementation and closing or the evaluation phase pertaining to internal and external threats; (2) documents containing the strategy, intelligence, operation, technique and tactics pertaining to the state defense and security system, covering the planning, implementation and closing or evaluation phase; (3) number, composition, disposition or dislocation of the strength and capacity to organize the state defense and security as well as their development plan; (4) drawing and data of the situation and condition of the military base and/or military installation; (5) data on the estimated military capacity and defense of other countries, limited to the actions and/or indication of such country that might jeopardize the sovereignty of the unity of the Republic of Indonesia and/or data relating to military cooperation with other countries as agreed to in such agreement as confidential or highly confidential data; (6) state's encryption system; and/or (7) the intelligence system of the state. (d) Public Information that if disclosed and supplied to the Public Information Applicant could reveal the natural wealth of Indonesia; (e) Public Information that, if disclosed and supplied to the Public Information Applicant, may be harmful to the national economic security; (1) the initial purchase and sales plan of the national or foreign currencies, shares and vital assets of the state; (2) the initial plan to alter the exchange rate, interest rate, operating capital of the financial institution; (3) the initial plan to alter the interest of the bank, government loan, alterations to the taxes, tariff, or revenue of the state/other regions; (4) the initial sales or purchase plan of land or property; (5) the initial foreign investment plan; (6) the process and result of the supervision on banks, insurance or other financial institutions; and/or (7) matters pertaining to the money printing process. (f) Public Information that, if disclosed and supplied to the Public Information Applicant, may be harmful to diplomatic relations; (1) the position, bargaining power and strategy to be taken and that have been taken by the state in relation to international negotiations; (2) inter-state diplomatic correspondence; (3) the communication and encryption system used to operate international communication; (4) the protection and safeguarding of Indonesia's strategic infrastructure overseas. (g) Information that, if disclosed, may reveal the contents of an authentic personal deed and the last will or testament of an individual; (h) information that, if disclosed and supplied to the Public Information Applicant, may reveal an individual privacy, ie. (1) the history and condition of a member of the family; (2) the history, condition and care, physical medical treatment, and physic of an individual; (3) the financial condition, assets, income and bank account of an individual; (4) evaluation results of the capability, intellectuality and recommendations on the capability of an individual; and/or (5) personal notes of an individual pertaining to his/her formal education and non-formal education activities. (i) the memorandum or letters between the public agencies or among the public agencies that, based on their nature are confidential, except the decision of the Information Commission or the court; (j) information that may not be disclosed under the law. | 6(3)(d) - "information relating to official function" - that smells overly broad to me. 6(3)(e) - "the required Public Information is not within its authority" - it is unclear what this means. 17(I) - the memorandum or letters between the public agencies or among the public agencies that, based on their nature are confidential, except the decision of the Information Commission or the court = overly broad. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 3 | 17. Every Public Agency shall open the access to obtain Public Information for every Public Information Applicant, except: [...] (d) Public Information that if disclosed and supplied to the Public Information Applicant could reveal the natural wealth of Indonesia. | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 2(4) Public Information that is exempted shall be treated as confidential information pursuant to the Law, ethics, and the interest of the public, based on an examination in terms of the consequences that occur if the information is provided to the public and after careful consideration that covering up Public Information may protect a larger interest rather than opening it or vice versa. | This seems to apply definitively to all exceptions. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 20(1) The exceptions as referred to in Article 17 letter a, letter b, letter c, letter d, letter e, and letter f shall not be permanent. (2) Regulation on the period/duration of the exemption is further regulated by a Government Regulation. | Article 20 touches upon this, but is far too vague to warrant 2 points. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | The law allows for consent, but does not provide a mechanism for obtaining it. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | 22(7) No later than 10 (ten) working days from the receipt of the request, the Public Agency concerned shall provide a written notification to the applicant that contains: [...] (e) in the event that a document contains exempt information as referred to in Article 17, such exempt information may be blackened with the reason and the subject thereof; [...] | Optional - "may." |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 26. The Information Commission has the following duties: (a) to receive, check and decide upon a request for the settlement of a public information dispute, be it through mediation and/or non-litigation adjudication that is filed by every Public Information Applicant based on the reason as referred to in this Law [...] 35(1) Every Public Information Applicant may file his/her objection(s) in writing to the supervisor of the Information Management and Documentation Officer, based on the following reasons: (a) a request for information is rejected for the reason of the exemption as referred to in Article 17; (b) the information that must be made available periodically as referred to in Article 9 is not provided; (c) the request for information gets no response; (d) the response to the request for information is not as requested; (e) the request for information is not fulfilled; (f) unreasonably high fee is charged; and/or (g) the information is supplied after the lapse of time that is regulated in this Law. (2) The reasons as referred to in paragraph (1) letter b up to letter g can be settled amicably by the parties hereto. 36(1) An objection is filed by a Public Information Applicant within no later than 30 (thirty) working days after finding out the reason as referred to in Article 35 paragraph (1). (2) The supervisor of the officer as referred to in Article 35 paragraph (1) responds to the objection that is filed by the Public Information Applicant within no later than 30 (thirty) working days from the receipt of the written objection. (3) The written reason is sent along with the response if the supervisor of the officer a referred to in Article 35 paragraph (1) confirms the award that is provided by his subordinate. | 26(a) seems to allow for internal appeals. 35 and 36 provide a clear enough procedure. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 37(1) An attempt to settle a public information dispute is made to the Central Information Commission and/or the provincial Information Commission and/or the district/municipal Information Commission in accordance with their authority if the response of the supervisor of the Information Management and Documentation Officer in the process of the objection is not satisfactory to the Public Information Applicant. (2) An attempt to settle a public information dispute is made within no later than 14 (fourteen) working days- from the receipt of the written response from the supervisor of the officer as referred to in Article 36 paragraph (2). | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 31(1) The President of the Republic of Indonesia nominate 21 (twenty one) potential candidate Commissioners of the Central Information Commission to the Parliament of the Republic of Indonesia as a result of the recruitment as referred to in Article 30 paragraph (2). (2) Parliament of the Republic of Indonesia elects the Commissioners of the Central Information Commission by a due diligence test. (3) The Commissioners of the Central Information Commission who have been elected by the Parliament of the Republic of Indonesia are subsequently appointed by the President. 34(1) A member of the Information Commission is dismissed by the decision of the Information Commission in accordance with his/her official position, and is proposed to the President for the Central Information Commission, to the Governor for the Provincial Information Commission, and to the Regent/Mayor for the district/municipal Information Commission to decide. | 31 - nominated by president but appointed by parliament. The fact that the agency head is elected by the agency members. 34(1) says the head can only be dismissed on recommendation of the information commission, but the other members can be dismissed by the president. These provide some protection, but fall short of best practices. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 28(1) The Central Information Commission is responsible to the President and submits a report on the implementation of its function, duties and authorities to the Parliament of the Republic of Indonesia. 29(6) The budget of the Central Information Commission is charged to the state budget, the budget of the provincial Information Commission and/or the district/municipality Information Commission is charged to the regional budget of the province and/or to the regional budget of the district/municipality concerned. | 28(1) - reports to parliament but is responsible to the president. 29(6) does not really have guarantees for financial independence, though he has the ability to request money from parliament. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | Partially | 1 | 30(1) The requirements for the appointment of a member of the Information Commission are as follows: (a) an Indonesian citizen; (b) possess integrity and no tarnish; (c) never been sentenced for a crime that is threatened with sentence in prison for 5 (five) years or longer; (d) posses knowledge and understanding in the field of transparency of Public Information as part of the human right and public policy; (e) experienced in the activities of Public Agency; (f) willing to resign from his position as a member of a Public Agency if appointed as a member of the Information Commission; (g) willing to work full time; (h) at least 35 (thirty five) years old; and (i) is in good health, psychologically and physically. | 30(1) requires expertise, but no prohibition on political people. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 27(1) To carry out its duties the Information Commission has the following authorities: (a) to summon and/or to arrange a meeting for the disputing parties; (b) to ask for the records or relevant materials that are in the possession of the relevant Public Agency to take a decision in the attempt to settle a public information dispute; (c) to ask for information or to ask the attendance of a Public Agency officer or a relevant party as witness in the settlement of a public information dispute; (d) To take the oath of the witnesses whose information is heard in the non-litigation adjudication of the settlement of a public information dispute; and (e) To develop a code of ethics that is announced to the public so that the public can evaluate the performance of the Information Commission. | 27(1) - can review documents, but cannot inspect premises. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 39. The decision of the Information Commission that originates from a consensus by a mediation process is final and binding. 46(1) The decision of the Information Commission on granting or denying access to all or part of the required information contains any of the following instructions: (a) to rescind the decision of the Public Agency supervisor and to decide to grant part or all of the information that is required by the Public Information Applicant in accordance with the decision of the Information Commission; or (b) to affirm the decision of the supervisor of the Information and Documentation Management Officer not to provide the required information either partly or wholly as referred to in Article 17. (2) The decision of the Information Commission on the main objections as referred to in Article 35 paragraph (1) letter b up to letter g, contains any of the following instructions: (a) to instruct the Information Management and Documentation Officer to carry out his/her obligations as provided in this Law; (b) to instruct the Public Agency to fulfill its obligation within the specified period to provide the information as regulated n this Law; or (c) to affirm the consideration of the supervisor of the Public Agency or to determine the cost for tracking down and/or duplicating the information. (3) The decision of the Information Commission is pronounced in a session that is open to the public, except a decision relating to the exempt information. (4) The Information Commission shall give a copy of its decision to the disputing parties. (5) If a member of the Commission has a dissenting opinion, the opinion of such Commissioner/s is attached to the decision and becomes an inseparable part of such decision. 48(1) The filing of a suit as referred to in Article 47 paragraph (1) and paragraph (2) may only be conducted if either of or both of the disputing parties state in writing that it/they does/do not satisfy with the adjudication decision of the Information Commission within maximum 14 (fourteen) working days from the receipt of such decision. | 39 - the mediation process is binding, the language of 46 suggests that appeal decisions are also final binding. 48 further subjects the decisions are binding - though subject to judicial appeal. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 46(2) The decision of the Information Commission on the main objections as referred to in Article 35 paragraph (1) letter b up to letter g, contains any of the following instructions: (a) to instruct the Information Management and Documentation Officer to carry out his/her obligations as provided in this Law; (b) to instruct the Public Agency to fulfill its obligation within the specified period to provide the information as regulated n this Law; or (c) to affirm the consideration of the supervisor of the Public Agency or to determine the cost for tracking down and/or duplicating the information. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 4(4) Every Public Information Applicant has the right to file a suit in court if he/she is obstructed from obtaining, or fails to obtain Public Information pursuant to the provision of this Law. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | N/A | No need for a lawyer and no cost according to the Information Commissioner. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 35(1) Every Public Information Applicant may file his/her objection(s) in writing to the supervisor of the Information Management and Documentation Officer, based on the following reasons: (a) a request for information is rejected for the reason of the exemption as referred to in Article 17; (b) the information that must be made available periodically as referred to in Article 9 is not provided; (c) the request for information gets no response; (d) the response to the request for information is not as requested; (e) the request for information is not fulfilled; (f) unreasonably high fee is charged; and/or (g) the information is supplied after the lapse of time that is regulated in this Law. | 35(1) provides for broad appeal grounds. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 38(1) The Central Information Commission and the Provincial Information Commission and/or the District/Municipal Information Commission shall begin to proceed the settlement of the public information dispute by Mediation and/or non-litigation Adjudication, no later than 14 (fourteen) working days from the receipt of the request to settle the public information dispute. (2) The process of the settlement of a dispute as referred to in paragraph (1) may be completed no later than within 100 (a hundred) working days. | There is a timeframe - but 100 working days is too long. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | 45(1) A Public Agency shall prove matters that support its view if it states that it cannot provide information for the reason as referred to in Article 17 and Article 5 paragraph (1) letter a. (2) A Public Agency shall give the reason that supports its attitude if the Public Information Applicant submits a request to settle the Public Information Dispute as regulated in Article 35 paragraph (1) letter b up to letter g. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 46(1) The decision of the Information Commission on granting or denying access to all or part of the required information contains any of the following instructions: (a) to rescind the decision of the Public Agency supervisor and to decide to grant part or all of the information that is required by the Public Information Applicant in accordance with the decision of the Information Commission; or (b) to affirm the decision of the supervisor of the Information and Documentation Management Officer not to provide the required information either partly or wholly as referred to in Article 17. (2) The decision of the Information Commission on the main objections as referred to in Article 35 paragraph (1) letter b up to letter g, contains any of the following instructions: (a) to instruct the Information Management and Documentation Officer to carry out his/her obligations as provided in this Law; (b) to instruct the Public Agency to fulfill its obligation within the specified period to provide the information as regulated n this Law; or (c) to affirm the consideration of the supervisor of the Public Agency or to determine the cost for tracking down and/or duplicating the information. | 46 seems to grant broad powers. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 52. A Public Agency that deliberately ignores to supply, give and/or publish Public Information that must be made available periodically, Public Information that must be published immediately, Public Information that must be available at any time, and/or Public Information to be supplied on the basis of a request pursuant to this Law that results in a loss to others is sentenced to prison for a maximum of 1 (one) year and/or is fined for a maximum of Rp. 5,000,000.00 (five million rupiah). 53. Every person who deliberately and against the law demolishes, destroys and/or loses Public Information documents of any form of media that is protected by the state and/or is related to the interest of the public is sentenced with imprisonment of a maximum of 2 (two) years and/or is fined with a maximum f Rp. 10,000,000.00 (ten million rupiah). | 52 and 53 seem to cover this. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 52. A Public Agency that deliberately ignores to supply, give and/or publish Public Information that must be made available periodically, Public Information that must be published immediately, Public Information that must be available at any time, and/or Public Information to be supplied on the basis of a request pursuant to this Law that results in a loss to others is sentenced to prison for a maximum of 1 (one) year and/or is fined for a maximum of Rp. 5,000,000.00 (five million rupiah). | 52 allows for sanctions. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | 54(1) Every person who deliberately and unrightfully accesses and/or acquires and/or supplies information that is exempted as regulated in Article 17 letter a, letter b, letter d, letter f. letter g. letter h, letter I, and letter j, is sentenced to a prison with a maximum of 2 (two) years and is fined with a maximum of Rp. 10,000,000.00 (ten million rupiah). (2) Every person who deliberately and unrightfully accesses and/or acquires and/or supplies information that is classified as regulated in Article 17 letter c and letter e, is sentenced to a prison with a maximum of 3 (three) years and is fined with a maximum of Rp. 20,000,000.00 (twenty million rupiah). 55. Every person who deliberately makes a Public Information that is incorrect or misleading and results in a loss to others is sentenced to prison with a maximum of 1 (one) year and/or is fined with a maximum of Rp. 5,000,000.00 (five million rupiah). | 54 and 55, by using the word "deliberate" seem to imply a bad faith requirement, but the fact that this is worded as a sanction rather than a protection means I am hesitant to award points for it. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 13(1) To materialize fast, prompt and simple service, every Public Agency: (a) appoints an Information Management and Documentation Officer; and (b) sets up and develops an information service supply system that is fast, easy and reasonable, in accordance with the standard technical directives of public information prevailing nation-wide. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | N/A | Information commissioner said this was within his purview. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not found in the law. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not found in the law. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | 7(3) To implement the obligation as referred to in paragraph (2), every Public Agency shall establish and develop an information and documentation system to manage the Public Information properly and efficiently, so that it is easily accessible. 11(1) A Public Agency shall provide Public Information at any time, covering: (a) list of all of Public Information under its authority, excluding information that is exempted; [...] | 7(3) hints at this, reinforced by 11(1)(a). |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not found in the law. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | 12. The Public Agency shall publish its information service annually, covering: (a) the number of requests for information that it receives; (b) the period that the Public Agency needs to fulfill every request for information; (c) the number of information supplied and refused, and/or (d) the reason to refuse a request for information. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 26(2) The Central Information Commission has the following duties: [...] (c) to provide a report on the implementation of its duties under this Law to the President and to the Parliament of the Republic of Indonesia on an annual basis or at any time, if required. |
