Identifier
Created
Classification
Origin
08JAKARTA717
2008-04-09 08:35:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
INDONESIAN LEGISLATURE PASSES FREEDOM OF
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C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000717
SIPDIS
SIPDIS
DEPARTMENT FOR EAP, EAP/MTS, DRL, DRL/AWH, AID/ANE
NSC FOR EPHU
E.O. 12958: DECL: 04/09/2018
TAGS: PGOV KJUS ID
SUBJECT: INDONESIAN LEGISLATURE PASSES FREEDOM OF
INFORMATION ACT
JAKARTA 00000717 001.2 OF 002
Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b+d).
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000717
SIPDIS
SIPDIS
DEPARTMENT FOR EAP, EAP/MTS, DRL, DRL/AWH, AID/ANE
NSC FOR EPHU
E.O. 12958: DECL: 04/09/2018
TAGS: PGOV KJUS ID
SUBJECT: INDONESIAN LEGISLATURE PASSES FREEDOM OF
INFORMATION ACT
JAKARTA 00000717 001.2 OF 002
Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b+d).
1. (C) SUMMARY: After years of discussion and debate, the
Indonesian House of Representatives (DPR) has passed a
Freedom of Information Act (FOIA). President Yudhoyono is
expected to sign it. Observers say the long-awaited bill
will stimulate transparency and accountability at all levels
of government, soldifying citizen rights in this new
democracy. According to contacts, however, there are
drawbacks in the fine print constraining citizen rights to
some extent. Mission played a key role in advocating and
helping formulate the bill. END SUMMARY.
PASSING A KEY ACT
2. (U) The DPR passed a landmark Freedom of Information Act
(FOIA) on April 3. Civil society advocates--who wanted
Indonesia to move beyond the colonial-based authoritarian
mind-set of the past--began pressing for the law soon after
Suharto's fall in 1998. Since 2001, Mission (through USAID)
has provided targeted support to civil society advocacy
groups and technical assistance to the DPR on the bill. The
law acknowledges the right of citizens to access governmental
information and provides mechanisms through which citizens
can obtain such information. The law also provides for
sanctions to public bodies if they do not comply. In
addition, the law establishes an Information Commission,
which will play a key role in arbitrating appeals regarding
information requests. The law is slated for implementation
in 2010. President Yudhoyono is expected to sign it shortly.
3. (C) Observers are largely upbeat about the new law. In
comments echoed by others, Agus Sudibyo, NGO Coalition for
Freedom of Information--a coalition which has been lobbying
the DPR on the bill for several years--characterized the law
as constructive and positive. He noted that the law
guarantees the public right to access government information
and opens up government bodies to public scrutiny. The
provision of sanctions for non-compliance by governing
entities is "a coup," according to Sudibyo. The law outlines
mechanisms for public bodies to provide information to
citizens and it states the types of information. Some types
of information are required to be published on a regular
basis. All of this is clear and positive for the
accountability cause in Indonesia, he said.
DRAWBACKS IN THE FINE PRINT
4. (SBU) Some civil society groups, however, criticized a
problematic section criminalizing users of information who
"deliberately use information in violation of the law."
Misuse of information could land a user in jail for up to one
year or result in a fine of up to Rp. 5,000,000 (about USD
555). Without clear guidelines for what would count as
"misuse," observers are concerned that the provision could
itself be misused by authorities. The FOIA should regulate
access to information, not use of information, they say.
5. (SBU) Some civil society contacts also expressed concern
over the make-up of the Information Commission. Although
they lauded the creation of such a Commission to arbitrate
FOIA cases, they pointed out that as written, the law could
allow the government to appoint six out of seven
commissioners. The government also bears responsibility for
recruiting the commissioners. Observers are concerned that
this reveals governmental reluctance to allow for the
autonomy of the Commission.
A MOVE TOWARD OPENNESS
6. (C) Most observers agree that the bill is a highly
positive development for transparency and accountability in
Indonesia. The bill took eight years to pass, but that time
was useful as the law includes major input from civil
society. Much depends on the implementation of the law, the
JAKARTA 00000717 002.2 OF 002
harmonization of the draft State Secrets Act which is also
under discussion, and civil society support. Though the law
will not take effect until 2010, the government posits this
lag will allow sufficient time for the implementation of
mechanisms to respond to requests. If properly implemented
(and that can be a problem in Indonesia),the law will open
up the Indonesian government to scrutiny and compel the GOI
to be more responsive and accountable to the public.
HUME
SIPDIS
SIPDIS
DEPARTMENT FOR EAP, EAP/MTS, DRL, DRL/AWH, AID/ANE
NSC FOR EPHU
E.O. 12958: DECL: 04/09/2018
TAGS: PGOV KJUS ID
SUBJECT: INDONESIAN LEGISLATURE PASSES FREEDOM OF
INFORMATION ACT
JAKARTA 00000717 001.2 OF 002
Classified By: Pol/C Joseph Legend Novak, reasons 1.4(b+d).
1. (C) SUMMARY: After years of discussion and debate, the
Indonesian House of Representatives (DPR) has passed a
Freedom of Information Act (FOIA). President Yudhoyono is
expected to sign it. Observers say the long-awaited bill
will stimulate transparency and accountability at all levels
of government, soldifying citizen rights in this new
democracy. According to contacts, however, there are
drawbacks in the fine print constraining citizen rights to
some extent. Mission played a key role in advocating and
helping formulate the bill. END SUMMARY.
PASSING A KEY ACT
2. (U) The DPR passed a landmark Freedom of Information Act
(FOIA) on April 3. Civil society advocates--who wanted
Indonesia to move beyond the colonial-based authoritarian
mind-set of the past--began pressing for the law soon after
Suharto's fall in 1998. Since 2001, Mission (through USAID)
has provided targeted support to civil society advocacy
groups and technical assistance to the DPR on the bill. The
law acknowledges the right of citizens to access governmental
information and provides mechanisms through which citizens
can obtain such information. The law also provides for
sanctions to public bodies if they do not comply. In
addition, the law establishes an Information Commission,
which will play a key role in arbitrating appeals regarding
information requests. The law is slated for implementation
in 2010. President Yudhoyono is expected to sign it shortly.
3. (C) Observers are largely upbeat about the new law. In
comments echoed by others, Agus Sudibyo, NGO Coalition for
Freedom of Information--a coalition which has been lobbying
the DPR on the bill for several years--characterized the law
as constructive and positive. He noted that the law
guarantees the public right to access government information
and opens up government bodies to public scrutiny. The
provision of sanctions for non-compliance by governing
entities is "a coup," according to Sudibyo. The law outlines
mechanisms for public bodies to provide information to
citizens and it states the types of information. Some types
of information are required to be published on a regular
basis. All of this is clear and positive for the
accountability cause in Indonesia, he said.
DRAWBACKS IN THE FINE PRINT
4. (SBU) Some civil society groups, however, criticized a
problematic section criminalizing users of information who
"deliberately use information in violation of the law."
Misuse of information could land a user in jail for up to one
year or result in a fine of up to Rp. 5,000,000 (about USD
555). Without clear guidelines for what would count as
"misuse," observers are concerned that the provision could
itself be misused by authorities. The FOIA should regulate
access to information, not use of information, they say.
5. (SBU) Some civil society contacts also expressed concern
over the make-up of the Information Commission. Although
they lauded the creation of such a Commission to arbitrate
FOIA cases, they pointed out that as written, the law could
allow the government to appoint six out of seven
commissioners. The government also bears responsibility for
recruiting the commissioners. Observers are concerned that
this reveals governmental reluctance to allow for the
autonomy of the Commission.
A MOVE TOWARD OPENNESS
6. (C) Most observers agree that the bill is a highly
positive development for transparency and accountability in
Indonesia. The bill took eight years to pass, but that time
was useful as the law includes major input from civil
society. Much depends on the implementation of the law, the
JAKARTA 00000717 002.2 OF 002
harmonization of the draft State Secrets Act which is also
under discussion, and civil society support. Though the law
will not take effect until 2010, the government posits this
lag will allow sufficient time for the implementation of
mechanisms to respond to requests. If properly implemented
(and that can be a problem in Indonesia),the law will open
up the Indonesian government to scrutiny and compel the GOI
to be more responsive and accountable to the public.
HUME