Jakarta – The House of Representatives on Thursday passed the freedom of public information bill, obliging all state agencies and public institutions to disclose their financial reports to the public.
Political parties, judicial bodies and domestic and international non-governmental organizations are also among those affected by the law.
Under the new law, they must reveal information about their activities, performance, policies, project plans, annual cost projections, working procedures, agreements and reports on public information services.
Public institutions are also required to release any information that could threaten people's lives or public order.
The law obliges state-owned companies to disclose information about their procurement of goods and services, shares owners, board of directors and commissioners, audit results from external auditors, remuneration system; legal cases and other information stipulated by the law on state enterprises.
Information that could hamper any ongoing legal processes, threaten national security or compromise intellectual property rights is not covered by the law.
The institutions concerned must respond to public information requests within 10 working days. They may extend their response by up to seven days, but they must send prior notification of this extension.
Any public institution that intentionally hampers access to public information will be punished with a maximum fine of Rp 5 million or up to one-year in jail.
Information and Communications Minister Muhammad Nuh said the law demands transparency from all public institutions. "What is defined as a public institution in this law is not only government bodies, but any institution that receives state funds, public funds and foreign aid," he said.
The law will take effect two years from Thursday. "We still need some legal and technical infrastructure to implement this legislation," he said.
The minister cited one article in the law that requires the establishment of an information commission. Nuh said the government would provide assistance to help public institutions prepare for the implementation of the legislation. "The information ministry will assist public institutions with how to provide electronic-based services."
The House unanimously endorsed the law, which had been deliberated since 2004. However, the National Mandate Party (PAN) expressed concern about a perceived loophole in the legislation.
PAN lawmaker Dedy Djamaluddin questioned the procedure for public information requests. The law stipulates that anyone requesting information must submit a written or oral request to the pertinent institution.
"This request is almost identical to a permission letter. There is an indication that supposedly open information is actually closed information because it requires a sort of permission to access," he said.
Dedy also expressed concern the law did not guarantee the right of foreign nationals or groups to access public information in Indonesia. "I hope the supporting regulations will regulate this matter," he said.
Ahmad Faisol of the Institute for the Study of the Free Flow of Information voiced a similar concern. "This could create discrimination toward foreigners, including international journalists who need to access our public information," he said.
Faisol also criticized the imposition of sanctions on anyone violating the stipulations in the law on the use of information. "This may discourage the public from accessing the information." (alf)