Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Confidentiality and Public Information: Resolving Administrative Dispute about Public Information Disclosure

Author(s): Slamet Suhartono

Recognition of citizens' rights to information disclosure on the one hand, and the obligation for the State Administration Officials to convey information openly to the public is two things that are attracted to be further examined. In this connection, the public information disclosure has the potential to create a dispute between citizens and the State Administration Officials. The accountability of the government may be considered as a logical consequence of the government's authority to grant or deny the fulfilment of public information as a citizen's right regarding types and forms of information which may or may not be open to the public in accordance with their confidential or public in nature. This study seeks to describe the legal provisions of Indonesian Law No. 14 of 2008, concerning Public Information Openness. In essence, this regulation gives an obligation to every Public Agency to open access for every public information applicant to obtain public information, except for certain information. However, on the other hand, the public who feel that their interests and rights are threatened by not disclosing certain information can submit to the court the request to the court to order the government to disclose certain information. Although basically the legislation of this Law is to guarantee information disclosure and general freedom, this Law provides opportunities for citizens through a court process to file claims regarding the disclosure of certain information that is considered to threaten public order and freedom. At this point, disputes can occur between citizens and the government in connection with requests for information. Here, information disclosure legislation also means that the public can participate in controlling the implementation of information disclosure rights and get assurance that information will be safe and free from state intervention.