JAKARTA , April 3, 2008 – Freedom of the press in Indonesia has not been an issue since Indonesia ushered in the era of reforms ten years ago. In fact, Indonesia has one of the freest presses in the region. Freedom of information however, is another issue. Information in this context is defined as information held by bureaucratic institutions and intended for public consumption. From the small things (the cost of making a driver’s license or national ID card) to the big things (mega-projects that are potentially harmful to the environment or surrounding residents) – information affecting the masses is not always readily available. But change is a-coming.

April 3, 2008 marks a new breakthrough in Indonesia’s commitment to reforming its bureaucracy. After an eight year struggle, the Indonesian House of Representatives has finally passed the bill to Freedom of Information. Under this new law – which at the very latest will be implemented by 2010 – Indonesian bureaucratic institutions will have to make regular public updates, at least once every six months; promptly disseminate any information affecting public order and the livelihoods of many; and also give regular updates of new work plans, expenditure estimates, and procedures related to public service.

“The passing of the Freedom of Information (FOI) bill further cements Indonesia’s commitment to being an open, democratic society,” said Staffan Synnerstrom, Lead Public Sector Specialist, World Bank Indonesia. “Access to public information would allow greater success in promoting good governance in Indonesia, and acts as a stronger weapon in the fight against corruption.”

The bill’s passing is a sweet victory to the civil society organizations which have actively campaigned for freedom of information since 2000. The World Bank Institute has played a part in their struggle by organizing a series of knowledge-sharing workshops for stakeholders in Indonesia over the past three years. Most recently, WBI commissioned a joint study by free speech advocates Article 19 and the Jakarta-based Institute for the Study on Free Flow of Information (ISAI). The study was conducted in the provinces of West Sumatra, West Kalimantan, and Gorontalo.

“The study analyzed the content of the national FOI bill while also noting how lessons learned from the implementation of transparency laws in three regions could ultimately affect the national FOI implementation process,” said Theodore Dolan, Poverty Reduction and Economic Management Unit, World Bank Institute, who was in Jakarta to discuss the study's results, just one week before the parliament passed the FOI bill.

The study focused on West Sumatra, West Kalimantan and Gorontalo because freedom of information in the three provinces is technically guaranteed by regional regulations. However the study found that the existence of this regulation was not widely known by the public, the media, or the local government itself. As a result public information does not flow as freely as it should, but according to ISAI this is not necessarily reflective of a secretive or protective bureaucracy.

“It remains unclear within the bureaucracy itself as to whose job it is to accommodate requests for public information or keep inventory of public documents,” said Ahmad Faisol of ISAI. “Many public servants simply feel that those functions are not part of their job descriptions – be it at a regional or central level.”

To help set things straight, the new FOI Law mandates the creation of independent Public Information Commissions at provincial and even district levels if deemed necessary. Its members will be nominated by the public and approved by legislators. Its core function is to settle disputes that may arise over the use or failure to obtain information from a bureaucratic institution. The cases which the commissions cannot help mediate, however, relate to the following:

• State intelligence
• Information that could obstruct law enforcement efforts
• Information that could obstruct business competitiveness
• Information pertaining to national defense and security
• Information pertaining to national resources
• Information pertaining to economic, foreign and private interests
• Memos exchanged among private companies

Much to the chagrin of many FOI advocates in Indonesia, the new FOI Law carries a penalty for any members of the public found guilty of misusing any one of the types of information mentioned above. Guilty parties are punishable by three years imprisonment or a fine of 50 million IDR (approximately 5,400 USD). This penalty also carries over to those found guilty of exposing documents related to an individuals’ privacy, including wills, health records, wealth, performance records, personal journals, and bank records. Exemption is only given to public institutions that have been instructed to expose such documents, or if such documents are publicized with the consent of its owner.

A World Bank study noted that FOI laws provide a wide range of benefits to citizens and governments alike. Such benefits include more effective government, less regulatory burden, less corruption, more accountability, increased rule of law, and bureaucratic efficiency. Citizen access to government information strengthens democratic societies, facilitates public knowledge and discussion, guards against abuse and mismanagement, and increases public trust in government decisions.