lize the rapid, precise, and simple service of each Public Agency:
., a., a. designate Information and Documentation Officer Officials; and
., b. creating and developing a system of fast, easy, and reasonable information services in accordance with the nationally applicable standard technical instructions of the Public Information Service.
.,, (2) Information Manager and Documentation Officer as referred to in paragraph (1) the letter a is assisted by a functional official.
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 14 YEAR 2008
ABOUT
PUBLIC INFORMATION OPENNESS
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that information is the subject of any person for personal development and its social environment and is an essential part of national security;
., b. that the right to obtain information is a human right and the openness of public information is one of the key democratic states that uphold the sovereignty of the people to realize the host of a good country;
., c. that the openness of public information constitutes a means in optimizing public oversight of the hosting of the state and other Public Bodies and everything that is in effect on public interest;
., d. that the management of public information is one of the efforts to develop the information society;
., e. that based on the consideration as referred to in the letter a, the letter b, the letter c, and the letter d, need to form an Act on the Openness of the Public Information;
.,, Given: Article 20, Article 21, Section 28 F, and Article 28 J of the Basic Law of the Republic of Indonesia Year of 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON THE OPENNESS OF PUBLIC INFORMATION.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. Information is the description, statement, idea, and signs that contain values, meanings, and messages, both the data, the facts and the explanation that can be seen, heard, and read presented in a variety of packaging and formatting according to the the development of information technology and communication in electronic or non-electronic.
., 2. Public Information is information that is generated, stored, managed, delivered, and/or received by a public entity with respect to the organizer and host of the country and/or the organizer and other public body of the organization. in accordance with this Act as well as other information relating to the public interest.
., 3. Public entities are executive, legislative, judicial, and other entities whose functions and duties are related to the hosting of the country, which in part or all of its funds are sourced from the State Budget and Shopping Budget and/or The Regional Revenue and Shopping Budget, or non-governmental organizations in part or all of its funds are sourced from the State Budget and Shopping Budget and/or Regional Shopping and Shopping Budget, public and/or foreign donations.
., 4. The Information Commission is an independent agency that functions the implementation of this Act and its implementation rules, establishing the standard technical instructions of the public information service and resolving the public information dispute through mediation and/or the adjudication. nonlitigation.
. .5. A Public Information dispute is a dispute between the public body and the user of the public information relating to the rights to obtain and use the information under the law.
., 6. Mediation is the resolution of a dispute over the public information between the parties through the assistance of the information commission mediator.
., 7. Adjudication is the process of solving a public information dispute between the parties who are distraused by the information commission.
., 8. Public officials are designated persons and are given the task of occupying a particular position or position on the public body.
., 9. Information Manager and Documentation officials are officials responsible for the storage, documentation, provision, and/or information services in the public body.
., 10. People are individuals, groups of people, legal entities, or public bodies as referred to in this Act.
., 11. A Public Information User is a person who uses public information as set out in this Act.
., 12. A Public Information applicant is a citizen and/or legal entity of Indonesia who is submitting a request for public information as set out in this Act.
BAB II
ASAS AND THE PURPOSE
The Kesatu section
Asas
Section 2
.,, (1) Any Public Information is open and accessible to any Public Information User.
(2) The exempted Public Information is strict and limited.
.,, (3) Any Public Information should be able to be obtained each Public Information applicant with a quick and timely manner, a light fee, and a simple way.
.,, (4) Public Information excluded are confidential in accordance with the Act, wrineness, and general interest based on testing of the consequences arising if an information is provided to the community as well as after are considered in the same way that closing the Public Information may protect the interests greater than opening it or otherwise.
The Second Part
The destination
Section 3
This Act aims to:
., a., a. ensuring the right of citizens to know the plan of public policy making, public policy programs, and public decision making process, as well as the reasons for making a public decision;
B. encourage public participation in the public policy retrieval process;
.,, c. improve the active role of society in public policy taking and good Public Agency management;
., d. Make a good, effective and efficient host of country, accountable and accountable.
., e. know the reason for public policy that affects people ' s hajat lives a lot;
f. developing science and lecturing the life of the nation; and/or
., g. enhance the management and service of information in the Public Agency environment to generate quality information services.
BAB III
THE RIGHTS AND OBLIGATIONS OF THE APPLICANT AND THE USER OF THE INFORMATION
PUBLIC AS WELL AS PUBLIC BODY RIGHTS AND OBLIGATIONS
The Kesatu section
Public Information Applicant ' s right
Section 4
.,, (1) Each Person is entitled to obtain Public Information in accordance with the provisions of this Act.
(2) Each Person is entitled to:
., a., a. view and know the Public Information;
., b. attend public meetings that are open to the public to acquire Public Information;
.,, c. obtain a copy of the Public Information through the application in accordance with this Act; and/or
., d. Disseminate the Public Information in accordance with the laws.
.,, (3) Any Public Information Applicant has the right to submit a Public Information request accompanied by the reason for that request.
.,, (4) Any Public Information Appl ires the county/city Information Commission.
(2) The Central Information Commission is based in the State Capital.
.,, (3) the provincial Information Commission is located in the provincial capital and the district/city Information Commission is located in the capital/city capital.
The Third Part
The arrangement
Section 25
.,, (1) Members of the Central Information Commission amount to 7 (seven) people who reflect the elements of government and the elements of society.
.,, (2) Member of the provincial Information Commission and/or the district/city Information Commission numbering 5 (five) people reflecting the elements of government and the elements of society.
.,, (3) The Information Commission is led by a co-arrest member and is accompanied by a co-chair of the members.
c. Order of the termination of the inquiry or prosecution;
D. the annual spending plan of law enforcement agencies;
e. annual financial statements of law enforcement agencies;
f. the report of the return result of the corruption result; and/or
G. other information as referred to in Article 11 of the paragraph (2).
.,, (2) Does not include information excluded as referred to in Article 17 of the letter g and the letter h, among other things if:
., a., a. the secret part of the party is revealed to provide written consent; and/or
., b. Disclosure relating to the position of a person in public office.
.,, (3) In terms of interest in criminal cases in court, the Chief of the Indonesian National Police, the Attorney General, the Chief Justice, Chairman of the Corruption Eradication Commission, and/or the Chairman of the Other Law Enforcement Agency (s) are given the authority by the Act may open the information excluded as referred to in Article 17 of the letter a, the letter b, the letter c, the letter d, the letter e, the letter f, letter i, and the letter j.
.,, (4) The opening of information exempted as referred to in paragraph (3) is done by submitting a request for permission to the President.
.,, (5) Request for permission as referred to in paragraph (3) and paragraph (4) for the benefit of perdata cases relating to the financial or wealth of the country in court, a request for permission is submitted by the Attorney General as a state lawyer to the President.
., (6) The written permission as referred to in paragraph (3), paragraph (4), and paragraph (5) is provided by the President to the Chief of the Indonesian National Police, the Attorney General, Chairman of the Corruption Eradication Commission, the Chairman of the Other Law Enforcement State Agency, or Chairman of the Supreme Court.
.,, (7) By considering the defense and security interests of the state and of general interest, the President may reject the request of an excluded information as referred to in paragraph (3), paragraph (4), and paragraph (5).
Section 19
Information Management and Documentation officials in each Public Agency are required to perform testing on the consequences as referred to in Section 17 of the Saksama and full of precision before declaring certain Public Information are excluded for the Accessed by each person.
Section 20
., (1) The exception as referred to in Article 17 of the letter a, the letter b, the letter c, the letter d, the letter e, and the letter f are not permanent.
.,, (2) Further provisions concerning the term of the exclusion are set up with the Government Regulation.
BAB VI
THE MECHANISM OF OBTAINING INFORMATION
Section 21
The mechanism for acquiring Public Information is based on quick principles, timely, and light costs.
Section 22
.,, (1) Any Public Information applicant may submit a request to obtain Public Information to the Public Agency related to written or unwritten.
.,, (2) The Public Agency is required to record the name and address of the Public Information Applicant, subject and format of information as well as the manner of delivery of information requested by the Public Information Applicant.
.,, (3) The Public Agency in question is required to record the request of the Public Information filed unwritten.
.,, (4) The associated Public Agency is required to provide proof of receipt of the Public Information request as referred to in paragraph (1) and paragraph (3) of the registration number at the time the request is received.
.,, (5) In terms of requests delivered directly or via email, the registration number is provided upon receipt of the request.
.,, (6) In terms of requests delivered by mail, the delivery of the registration number can be provided in conjunction with the delivery of the information.
., (7) The slowest 10 (ten) business days since the receipt of the request, the Public Agency is required to deliver a written notice containing:
., a., a. information requested is under its control or not;
., b. Public Bodies are required to notify the Public Service that controls the information requested if the requested information is not under its control and the Public Service that accepts the request is aware of the presence of the information requested;
.,, c. acceptance or rejection of the request with the reasons listed as referred to in Article 17;
., d. In the event that the request was received entirely or partially specified the information that would be provided;
., e. in the case of a document containing the excluded material as referred to in Article 17, then such exemptable information may be circumvindicated by the cause of reason and of the material;
f. The delivery tool and the information format will be provided; and/or
G. expenses as well as the way of payment to obtain the requested information.
.,, (8) The Public Agency in question may extend the time to submit the notice as referred to in paragraph (7), at least 7 (seven) the next working day by providing an excuse in writing.
.,, (9) Further provisions on the manner of way information requests to the Public Agency are regulated by the Information Commission.
BAB VII
THE INFORMATION COMMISSION
The Kesatu section
The function
Section 23
The Information Commission is an independent agency that functions the implementation of this Act and its implementation rules establish the standard technical instructions of the Public Information Service and resolve the Public Information Disputes via Mediation and/or Ajudication nonlitigation.
The Second Part
The position
Section 24
.,, (1) the Information Commission consists of the Central Information Commission, the provincial Information Commission, and if it requure abroad.
., g. Public Information that if opened can reveal the contents of an authentic deed that is personal and the last will or will of a person's will;
., h. Public Information that if opened and provided to the Public Information Applicant may uncover personal secrets, namely:
., 1. history and family member conditions;
., 2. history, condition and care, physical health treatment, and a person ' s psychic;
3. Financial conditions, assets, revenue, and a person ' s bank acc mediator.
The Second Part
Adjudication
Section 42
The completion of the Public Information Disputed by the Information Commission can only be reached if the Mediation attempt is declared not to be written in writing by either party or any of the disputable parties, or one or more of the following: Disputable parties withdrew from the negotiations.
Section 43
.,, (1) The Information Commission inspees and breaks the lity.
.,, (3) Member of the provincial Information Commission and/or the county/municipal Information Commission that have been elected by the provincial Regional People's Representative Council and/or the district/municipal People's Representative Council/next city is set by the governor and/or It's the mayor.
Section 33
Information Commission members are appointed for a term of 4 (four) years and may be reappointed for the next one period.
Section 34
.,, (1) The Pit Stop Information Commission is conducted under the decision of the Information Commission pursuant to its level and proposed to the President for the Central Information Commission, to the governor for the provincial Information Commission, and to The mayor/mayor for the county/city Information Commission to be specified.
(2) The Information Commission member stopped or dismissed because:
., a., a. died the world;
B. have exhausted his term;
c. resign;
., d. is being convicted of a court ruling that has a fixed legal force with the shortest criminal threat of 5 (five) years in prison;
., e. Mental and body aches and/or other causes resulting in the question of being unable to perform tasks 1 (one) consecutive year; or
., f. committing a despicable act and/or violating a code of conduct, whose verdict is set by the Information Commission.
., (3) The Pit Stop as referred to in paragraph (1) is set through the Presidential Decree for the Central Information Commission, the governor 's decision for the provincial Information Commission, and/or the bupati/mayor' s decision to the county/city Information Commission.
.,, (4) The interchange between the members of the Information Commission is conducted by the President after consulting with the leadership of the People's Representative Council of the Republic of Indonesia for the Central Information Commission, by the governor after consulting the Board's leadership. Provincial Regional People's Representative for the Provincial Information Commission, and by the regent/mayor after consultation with the leadership of the district/city Regional People's Representative Council for the county/city Information Commission.
.,, (5) Members of the intertime replacement Information Commission are taken from the next order based on the results of the feasibility test and the propriety which has been implemented as the basis for the appointment of the members of the Information Commission on the intended period.
BAB VIII
DISPUTE RESOLUTION AND DISPUTE RESOLUTION
THROUGH THE INFORMATION COMMISSION
The Kesatu section
Objection
Section 35
.,, (1) Any Public Information applicant may submit an objection in writing to the Chief Information Manager Officer and Documentation based on the following reasons:
.,
., a., a. Rejection of information request based on the reasons for exclusion as set forth in Section 17;
B. not to be provided as periodic information as referred to in Article 9;
c. not supported information request;
D. information request was responded not as requested;
e. not to comply with the request of information;
f. unreasonably cost-charge; and/or
., g. the delivery of information that exceeds the time set out in this Act.
., (2) The reason as referred to in paragraph (1) of the letter b up to the letter g can be resolved in deliberation by both parties.
Section 36
.,, (1) The objection is submitted by the Public Information applicant in the slowest term of 30 (thirty) business days after the discovery of the reason as referred to in Article 35 of the paragraph (1).
.,, (2) The Atasan of the official as referred to in Article 35 of the paragraph (1) provides a response to the objection submitted by the Public Information Applicant in the slowest term of 30 (thirty) days of work since the receipt is written in writing.
.,, (3) the written reason is included with the response when the officer ' s superior as referred to in Article 35 of the paragraph (1) strengthenes the ruling set by its subordinates.
The Second Part
Dispute Resolution Through The Information Commission
Section 37
.,, (1) Public Information Dispute settlement efforts are submitted to the Central Information Commission and/or the Provincial Information Commission and/or the district/city Information Commission pursuant to its authority in the case of the employer's employer's response to the Information Manager and the IBM SaaS. The documentation in the objecting process does not satisfy the Public Information Applicant.
.,, (2) the Public Information Dispute settlement effort is submitted within the slowest 14 (fourteen) business days after the receipt of the written response from the officer's superiors as referred to in Article 36 of the paragraph (2).
Section 38
.,, (1) the Central Information Commission and the provincial Information Commission and/or the county/municipal Information Commission must begin contesting the completion of the Public Information Dispute through Mediation and/or the slowest nonlitigation of 14 (fourteen) days work after receiving a request for completion of the Public Information Dispute.
.,, (2) The dispute settlement process as referred to in paragraph (1) is most slow to be completed within 100 (100) business days.
Section 39
The Information Commission ' s ruling derived from the agreement via Mediation is final and binding.
BAB IX
COMMISSION EVENT LAW
The Kesatu section
Mediation
Section 40
.,, (1) The resolution of the dispute through Mediation is the choice of the parties and is voluntary.
., (2) The resolution of the dispute through Mediation can only be done to the subject matter contained in Article 35 of the paragraph (1) letter b, letter c, letter d, letter e, letter f, and the letter g.
.,, (3) The agreement of the parties in the Mediation process is poured in the form of the Mediation of Information Commission rulings.
Section 41
In the Mediation process the Information Commission members act as av>
.,, (2) The People ' s Representative Council of the Republic of Indonesia elected a member of the Central Information Commission through its test of patchiness and feasibility.
.,, (3) Members of the Central Information Commission who have been selected by the People ' s Representative Council of the Republic of Indonesia are next set by the President.
Section 32
.,, (1) the candidate of the provincial Information Commission and/or the district Information Commission/city of r the request for Information is done in accordance with the provisions of this Act and its implementation regulations.
"The simple way" is the requested information is easily accessible in terms of the procedure and it is easy also to understand.
"Light cost" is a fee imposed proportionally based on the standard of cost in general.
Verse (4)
.,, referred to as "arising consequences" is a consequence that endangers the interests of being protected under this Act if an Information is opened. An information that is categorizecle 17 of the letter c and the letter e, convicted of a prison criminal at most 3 (three) years and criminal fines at most Rp20,000,000.00 (twenty million rupiah).
Section 55
Any person who intentionally makes Public Information improperly or misleading and resulting in loss for another person is convicted of a prison sentence of at least 1 year and/or a fine of at most Rp5,000.00 (five million). rupiah).
Section 56
Any violation is subject to criminal sanctions in this Act and also threatened with criminal sanctions in another Act that is special, which applies to the penal sanction of the more specialized Act.
Section 57
Criminal charges under this Act are a delik of adence and are filed through the general judiciary.
BAB XII
OTHER LAIN-CONDITIONS
Section 58.
Further provisions on the manner of the payment of the indemnation payment by the State Public Agency are governed by the Government Regulation.
BAB XIII
THE TRANSITION PROVISION
Section 59
The Central Information Commission should already be established the slowest 1 (one) year since the promulgations of this Act.
Section 60
The provincial Information Commission should already be established the slowest 2 (two) years since the promulgations of this Act.
Section 61
At the time of this Act the Public Agency must carry out its obligations under the Act.
Section 62.
Government regulations are already to be established since the enacdown of this Act.
BAB XIV
CLOSING PROVISIONS
Section 63
Upon the expiration of this Act all laws relating to the acquisition of existing information remain in effect to the extent unopposed and have not been replaced under this Act.
Section 64
(1) This Act begins to apply 2 (two) years from the date of the invitation.
.,, (2) The drafting and designation of Government Regulation, technical guidance, socialization, means and infrastructure, as well as other matters related to the preparation of this Act must be completed at least 2 (two) years since the Act. It's an invitation.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on April 30, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 30, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4846 | (Explanation Of State Sheet 2008 Number 61) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 14 YEAR 2008
ABOUT
PUBLIC INFORMATION
I. UMUM
.,, in the Basic Law of the Republic of Indonesia in 1945 Article 28 F is mentioned that each person is entitled to communicate and obtain Information to develop its own personal and social environment, as well as the right to seek, acquire, have, and store Information by using any type of available channel. In order to provide a guarantee against all persons in obtaining Information, it needs to be set up legislation governing the openness of the Public Information. The maximum function is necessary, given the right to obtain Information as a human right as a manifestation of a nation's democratic and national life.
.,, one of the important elements in realizing the hosting of open countries is the public ' s right to acquire Information in accordance with the laws. The rights to the Information became very important because the more open the holding of the state for public scrutiny, the holding of the country could be held accountable. The right of each person to obtain Information is also relevant to improve the quality of public solace in the process of public decision making. The participation or repentance of the public does not mean much without the guarantee of the openness of Public Information.
.,, the existence of the Act on the Openness of Public Information is essential as a legal basis relating to (1) the right of each person to obtain Information; (2) the obligation of the Public Agency provides and serves the Information Request Fast, timely, light/proportional costs, and simple ways; (3) exceptions are strict and limited; (4) Public Agency's obligation to stem the system of documentation and service of Information.
.,, each Public Agency has an obligation to open up access to the Public Information relating to the Public Agency for the wider community. The Public Agency ' s scope in the Act includes executive, judicial, legislative, and other state organizers who are obtaining funds from the State Revenue and Shopping Budget (APBN) /Regional Revenue and Shopping Budget (APBD) and Include non-governmental organizations, both legal and non-legal entities, such as non-governmental organizations, societies, and other organizations that manage or use funds that are partially or entirely sourced from the APBN/APBD, community donations, and/or abroad. Through the mechanism and the exercise of the principle of openness, it will create a good governance and a role as well as a transparent society and a high accountability as one of the prerequisites to realize a hakiki democracy.
., by opening public access to the Information is expected the Public Agency is motivated to be held accountable and oriented towards the service of the good people. Thus, it can accelerate the embodiment of an open government which is a strategic effort preventing the practice of corruption, collusion, and nepotism (KKN), and the creation of good governance.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
.,, referred to as "timely" is the fulfillment of s for others subject to the penultimate confinement of 1 (one) year and/or criminal fines of the most Rp5,000.000.00 (five million rupiah).
Section 53
Any person who is intentionally and against the law destroys, damages, and/or eliminates the documents of the Public Information in any form of state protected media and/or related to the public interest of being convicted of a prison criminal the longest 2 (two) years and/or criminal fines of the most Rp10,000.000.00 (ten million rupiah).
., clear enough.
Letter f
., clear enough.
The letter g
.,, pretty obvious.
Verse (2)
., clear enough.
Section 36
.,, pretty clear.
Section 37
.,, Verse (1)
.,, an attempt to resolve the Public Information Dispute through the Information Commission can only be submitted after going through the process of objecting to the Manager of Information Manager and Documentation.
ough.
The letter g
., clear enough.
Letter h
., clear enough.
Letter i
., "Undisclosed Memorandum" is a public or public interbody memorandum or letters that are not provided for parties other than Public Bodies who are in connection with the Public Agency in question and are not provided for the public or other public. if open can seriously harm the policy drafting process, it can:
.,, 1. Reduce freedom, courage, and honesty in submission, communication, or exchange of ideas in connection with the decision making process;
2. impeding the policy success due to premature disclosure;
3. disrupting success in a negotiation process that will or is being carried out.
The letter j
., clear enough.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
., referred to as "self-sufficient" is independent in exercising the authority and its duties and functions included in the decision of the Public Information Disputes under the basis of this Act, justice, general interest, and the interests of the State Unity of the Republic of Indonesia.
The "nonlitigational Ajudication" is the settlement of the dispute over Ajudication outside the court whose verdict has the power equivalent to the court ruling.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
