The Ministry of Communication and Informatics is working on a revision of Law No. 14/2008 on Public Information Disclosure (‘UU KIP’), which is more than a decade old. The scope of public bodies will be expanded to include not only state organisations but also other entities such as private parties that carry out activities related to the public interest.

‘The revision of UU KIP has been proposed in the medium-term regulatory framework (targeted in the RPJMN 2025-2029) and discussions with PAK can be carried out in 2025,’ said Director of Public Communication Partnership Governance at the Directorate General of IKP, Ministry of Communication and Information Hasyim Gautama.

Furthermore, the revision of UU KIP will also improve the mechanism for requesting information so that it is more effective, efficient and targeted. This includes providing a simpler and more implementable classification of public information. ‘We hope that the revision of UU KIP can strengthen the public's right to know, as well as improve the quality of public services,’ he said.

Legal Analysis

Previously, the mechanism for requesting public information stipulated in UU KIP included: 1) Submit a written or unwritten request for public information; 2) The public authority shall record the identity of the applicant and the information request; 3) Within 10 working days, the public authority shall submit a written notification containing the information requested, whether or not it is in accordance with the relevant information control, along with other technicalities (i.e. exclusion of information along with the reasons and materials, means of delivery and format of information to be provided, and the cost and method of payment to obtain the information requested); 4) The public authority may submit a request for an extension of time to send the notification in certain circumstances.

It is also interesting to note that public authorities have the right to refuse requests for exempt public information in accordance with applicable laws and regulations. Some of these are on the basis of: 1) Information that may endanger the state; 2) Information relating to the interests of business protection and unfair business competition; 3) Information relating to personal rights; and so on.

Recommended Action

As such, any person (i.e. individual, group of persons, legal entity, or public body) who has the right to use and obtain public information must observe the general provisions that currently apply as in UU KIP. However, everyone must also pay close attention to the development of the revision of UU KIP to find out what changes it will contain, especially in the mechanism for submitting requests for public information.

In addition, everyone also has the right to actively participate if the legislator opens a public consultation room to convey their aspirations and ensure that the mechanism for requesting public information is more accessible to the parties concerned.

Source: hukumonline.com