Indonesia Bill

DRAFT LAW OF THE REPUBLIC OF INDONESIA
NUMBER ... OF 2001

CONCERNING
FREEDOM OF ACCESS TO [PUBLIC] INFORMATION

WITH THE BLESSING OF THE ALMIGHTY GOD

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

a. that freedom of access to information is a human right and is one of the most prominent characteristics of a democratic nation in manifesting an open government;

b. that freedom of access to public information is an essential element to enhance public inspection of the operation of governmental organizations and other state institutions and to encourage government to be accountable in order to improve competency and efficiency;

c. that the rights of the citizens to have access to information are a crucial factor in improving the quality of public involvement in the process of public policy making;

d. that the public involvement is of greater value when freedom of access to information is secured;

e. that in the framework of a mature developing open government and open society, it is necessary to develop legal norms that can expedite the fulfillment of the rights of citizens to have access to [public] information;

f. that with reference to matters in subparagraphs (a), (b), (c), (d), and (e), it is necessary to enact a Law concerning freedom of access to [public] information.

3. Decree of the People’s Consultative Assembly of the Republic of Indonesia Number XVII of 1999 concerning Human Rights;

4. Law Number 7 of 1971 concerning Archives (State Gazette of the Republic of Indonesia Number 32 of 1971);

5. Law Number 39 of 1999 concerning Human Rights (State Gazette of the Republic of Indonesia Number 165 of 1999);

6. Law Number 25 of 2000 concerning the National Development Program (State Gazette of the Republic of Indonesia Number 206 of 2000).

1. “Information” is anything communicable, facts, data or anything self-explanatory or explained by any means arranged in the form of a document of any format, [electronic or otherwise], or in the form of a verbal statement of a competent public official.

2. “Public Information” is information so produced, managed, possessed, or collected by a Public Body as to exist therein including information on personal privacy as well as state administration.

3. “Public Body” is state administration at executive branch, legislative branch, and judicial branch, either at the central level or regional level, and other bodies the main functions and duties of which relate to state administration, state-owned companies and region-owned companies, state-owned legal entities, non-governmental organizations receiving funds taken from the state or regional budget or receiving non-budgetary funds, and private enterprises, the business of which is done under contract with the government to undertake public service functions.

4. “Information Commission” is an independent agency the function of which is to settle a dispute by way of mediation and or adjudication with respect to individual rights to information at the central level, the provincial level, and the regency/city level.

5. “Information Institution” is a governmental agency the function of which is to control the duties of a Public Body/ies as stipulated in this Law, and to study, develop, and guide a Public Body in improving the potential of public information availability and service.

6. “Mediation” is an effort to settle a case for which a third party, herein the members of the Information Commission, shall urge the complainant and the defendant to make a consensus to reach an agreement satisfying both parties.

7. “Adjudication” is a case settlement process for which a third party, herein the members of the Information Commission, shall help to settle a case by making a decision upon examining, hearing, and scrutinizing facts and evidence presented by the complainant and the defendant.

8. “Documentation and Information Official” is an official especially responsible for storage, documentation, availability, and service of information in his/her respective institutions.

9. “Requester” is a person who makes a request for information [as regulated in this Law].

(3) Exempted information as referred to in paragraph (2) shall be based on a consequential-harm test by fully considering whether, in the public interest, non-disclosure of information is deemed more appropriate than disclosure.

Regulation by this Law must be comprehensible to any person from the viewpoint of openness as in principal all information available in a Public Body belongs to citizens who have mandated the state administrators to perform the activities of state administration.

Non-disclosure of information under an exemption is required if information so exempted contains personal privacy information held in a Public Body or if such information is disclosed, it may jeopardize the public interest. This exemption is absolutely unenforceable; for clear explanation, see the provisions on exemptions.

Any public information shall be obtained by any person promptly, timely, inexpensively, and easily.

Information is unique because its utility value can dissolve quickly and can be distinct in different times. For example, information on toxic and hazardous waste disposal plans will lose its utility value if provided after the disposal at a location compared to provided before the disposal. Therefore, the right to information is inherently the right to access information promptly, timely, inexpensively, and easily. “Easily” means with less procedure and easily understood by the public.

The objectives of this Law shall be to provide and to guarantee the rights of any person to have access to public information in the framework of:

a. public accountability that guarantees the public right to know public decision making plans and processes as well as the reasons thereof;

c. encouraging the improvement of the quality of public aspirations by giving input to the public policy making;

d. ensuring that any person knows the reasons of public policy affecting the life of the community at large.

All people shall have the rights to access to public information in accordance with this Law.

No person, in making a request for information, shall be required to state reasons thereof.

In a democratic nation, government administration in a broadest sense is based on a mandate given by the citizens. Therefore, information so held in a Public Body, as a product of the activities of government administration, is information belonging to the citizens for no reason is required in making a request for such information.

Any person shall have the right to use and or disseminate public information he/she has obtained in accordance with this Law.

Using and or disseminating information are, for example, to quote, to publish, to announce, etc.

Every Public Body shall be obliged to store, document, and make available public information under its authority in complete and good condition, promptly, timely, inexpensively, and easily.

Full disclosure of information is intended that public policy is properly and fully comprehensible.

A good condition of information means the condition in which the content of information is recognizable, for example, such information is not deficient.

(1) To guarantee any person with the rights to public information, a Public Body shall be obliged to make considerations in writing of any policy made.

(2) The considerations as referred to in paragraph (1) shall at least cover economic, social, political, and cultural aspects, national defense and security aspects and or other aspects as reasons in making a policy.

One of the objectives to secure the right to access information is to enhance public accountability as referred to in Article 4. The considerations made in writing are one of the substantial matters for accountability of a Public Body. In practice, policy making by officials of a Public Body does not give written basic considerations thereof.

In the absence of written considerations, the public finds difficulties in knowing and obtaining information concerned. Therefore, the obligation to mention considerations in writing in the policy making will greatly assist information seekers to obtain all information.

To guarantee any person with the right to properly available public information, a Public Body shall be obliged to:

(2) provide public information under its authority to any requester, except for information exempted by this Law.

The meaning of “to maintain” includes preventing information from damage due to improper maintenance.

Regulation with respect to company’s documents and files shall be subject to the following laws and regulations:

(1) The period of the storage of company’s documents shall be in accordance with laws and regulations concerning company’s documents.

(2) The obligation as referred to in Article 10 paragraph (1) with respect to public information archives shall refer to the relevant laws and regulations.

This regulation is necessary because Law Number 8 of 1997 concerning Company’s Documents provides for the delivery of company's documents essential to the national interest to the National Archives of the Republic of Indonesia. These documents may be accessed by the public through the National Archives.

(1) Every Public Body shall be obliged to release public information periodically regardless of public requests.

(2) The obligation to release public information as referred to in paragraph (1) shall at least include:

c. the list of agreements entered into and licenses issued under its authority in accordance with laws and regulations;

g. the address and the name of the official responsible for the availability of information.

(3) The information released as referred to in paragraph (1) shall be made in language easily understandable by the public and it shall be easily accessible and obtainable by the public.

(4) The methods as referred to in paragraph (3) shall be further stipulated by the authorized official in the Public Body concerned.

This is an obligation of a Public Body to be proactive to release general information for the public regardless of public requests.

The general information as referred to in paragraph (2) is information so valuable to public knowledge as to be easy for the public to know and recognize the availability of such information in a Public Body.

“Information essential to the life of the community at large” means vital information on the environment, public health and safety, and others in a public interest, for example, the state or regional finance, pricing policy of staple goods, etc.

(1) A Public Body shall spontaneously and promptly disseminate information on matters that can endanger the life of the community at large.

(2) Information as referred to in paragraph (1) shall be made in language easily understandable by the public and it shall be easily accessible and obtainable by the public.

(1) Information as meant in this Article is, for example, information on the leakage of toxic and hazardous substance waste, the leakage of nuclear reactors, floods, etc.

(2) The methods for disseminating such information are, for example, via electronic and printed media. In areas where the mass media are not available, common methods usually applied in those areas are obliged to be used efficiently. Proper language must be adjusted to those areas, so that such information is easily understandable, for example, in the Badui region, the Badui language should be used. In addition, the use of technical language must be avoided in order that such information is properly understood by the public.

a. the list of any public information under its authority including information under the exempted categories;

g. working procedures for civil servants affecting the rights and duties of the public;

(2) If certain information has been declared open to the public upon a request, an objection, an appeal, or cassation as stipulated in this Law, such information shall be obliged to be included in the list of timely-available information as stipulated in paragraph (1).

“Information” as meant in this paragraph is information worth making available to the public and must be made available at any time needed. Accordingly, if there is a request for such information, the public may directly obtain it without consuming time to file an objection or an appeal.

The making and updating of the list of any information held by the Public Body would make it easier for the public to seek the information wanted, and additionally, save costs and time.

To ease the burden on the Public Body and the public by not repeatedly hearing cases as meant in this Law, information that has once been released must be then public.

(1) To evaluate the performance of a Public Body’s information service, every Public Body shall document and report annually to the House of Representatives, the Provincial House of Representatives, and the City Council in accordance with their jurisdiction in terms of:

To perform prompt, timely, inexpensive, and easy information service, every Public Body shall be obliged to:

b) prepare and establish an information service system to perform the availability and service promptly, timely, inexpensively, and easily.

Every Public Body shall be obliged to provide any person access to public information except for information the disclosure of which shall result in the following consequences:

(1) Public information the disclosure of which can interfere with the law enforcement process as:

a. revealing the identity of the informers, citizen-informants, witnesses and or victims witnessing a crime; or

b. revealing intelligence agencies' criminal data and strategy related to criminal and terrorism deterrence and controls; or

c. jeopardizing the safety and life of a law enforcement officer and or his/her family; or

(2) Information excluded from the provisions of paragraph (1) shall be information on:

b. decrees, decisions, rules, circulars, internally or externally unbinding (the Supreme Court directives) or binding policies, and law enforcement agencies’ opinions;

(3) Public information the disclosure of which may interfere with the protection of the intellectual property rights and the protection from unfair business competition.

(4) Public information the disclosure of which may jeopardize the national security and defense strategies, i.e.:

a. information on intelligence tactics, state security and defense strategies relating to domestic and foreign threats;

a. the life history, the physical, psychical or psychological condition of an individual;

b. the descent, racial, ethnic, religious, sexual or political orientation of an individual;

c. information on an individual’s finances, assets, incomes or bank accounts; and or

d. the assessment of an individual’s ability or intelligence, or a recommendation on an individual’s ability;

a. information the disclosure of which needs written approval from the party whose personal privacy information is requested to be accessed;

A documentation and information official of a Public Body shall be obliged to carefully and accurately test the consequences as referred to in Article 17 before determining that certain information shall be exempted from access by any person.

The Information Commission may determine to disclose any exempted information as referred to in Article 17 based on request by considering that public interest to disclose such information is greater than interest to withhold it.

(1) The exemption as referred to in Article 17 paragraphs (1), (2), and (3) shall not be permanent.

(2) The period of exemption shall be further regulated by Government Regulations and shall be declassified not later than 20 (twenty) years after classification.

Information will be classified on the ground that its disclosure may jeopardize the public interest. However, every policy or state administration must be accountable to the public. Therefore, to guarantee such accountability, public information should remain to be accessible after the period of classification is deemed no longer detrimental to the community at large.

The procedures for obtaining information shall be based on the principles of promptness, timeliness, inexpensiveness and economically obtainable by the public, easily and not bureaucratically.

(1) Any person may submit a request for information to the relevant Public Body in writing or verbally.

(2) After the receipt of the request, a documentation and information official must record the name and address of the requester, the subject of information, the information format, and the information delivery method requested by the requester.

(3) If the request for information is not made in writing, the Public Body concerned shall be obliged to make a note of the request.

(4) The Public Body concerned shall be obliged to issue a request receipt as referred to in paragraphs (1) and (3) in the form of a registration number not later than 5 (five) working days after the receipt of the request.

(5) The Public Body concerned shall be obliged to reply to the requester in writing not later than 10 (ten) working days from the receipt of the request containing the following information:

b) If the information requested is not under its authority and it knows such information is available in another Public Body, the Public Body concerned shall be obliged to notify the other of the information requested;

d) the subject of information, if the request is accepted completely or partially;

e) the reasons for denial based on the provisions as stipulated in Article 17, if the request is denied;

f) the deletion of some information, if the requested information [a document] contains certain exempted matters as stipulated in Article 17;

g) the list of classified information and the reasons for deletion, if such information is deleted as referred to in subparagraph (f);

j) the rights of any person, duties of a Public Body and legal action based on this Law.

(6) The Public Body concerned may extend the delivery of the notification as referred to in paragraph (5) not later than 7 (seven) working days by stating the reasons thereof in writing.

“Subject of information” means a description or content of the information requested. The information delivery methods are, for example, the requester receives the requested information himself/herself, by mail, telephone, facsimile, email, etc. The information format is the form of information wanted, for example, text, audio or visual records, microfilm, disks, compact disks, or other forms.

The registration number must be provided promptly after the receipt of the request, except the request is submitted by correspondence.

If the information/documents contain(s) exempted information as meant in Article 17, only the exempted text will be deleted, so that the requester cannot read the text or the text will be made unreadable. However, the remaining information must be given to the requester. To guarantee the rights to information, the Public Body concerned must explain that the deletion is under an exempted category and state the reasons thereof. For example, “the deletion somewhere on page 2 line 3 in a document is done because the deleted information is under the personal privacy category as stipulated in Article 17 paragraph (4).”

If the Public Body shall fulfill the request for information by providing or delivering a copy thereof:

a) the Public Body shall deliver the copy together with a notification as referred to in Article 22.

b) if the Public Body fails to fulfill the request because no copy can be made, the Public Body concerned shall make the information visible to the requester.

The procedures and mechanism to obtain information as stipulated in Articles 22 and 23 are intended not to diminish or change the access to public information already existing or that will exist, but further, shall be considered an additional element and the final legal action to obtain information held by a Public Body.

To implement the provisions in this Law, new agencies, i.e., the Information Institution and the Information Commission shall be established at the central level, the provincial level, and the regency/city level.

The Information Institution shall be a governmental institution the functions of which are to:

(1) supervise the duties of a Public Body as stipulated in Articles 8 through 16 of this Law.

(2) study, develop, and guide a Public Body in promoting increased availability and provision of public information.

To carry out its functions, the Information Institution shall have the following tasks:

b. to evaluate the implementation of public rights and the performance of a Public Body’s duties as stipulated in this Law in order to give input to improve the policy on freedom of access to information in the future;

c. to guide Public Bodies in developing the availability capacity and service of information;

d. to consult with the interested parties on various issues with respect to the enforcement of this Law either in a routine special forum or other methods;

e. to design and submit public input in the framework of developing this Law through the House of Representatives;

f. to evaluate the mechanism of public information dissemination that must be provided by the relevant Public Body periodically regardless of requests (proactive) and to provide input to improve such mechanisms.

In performing its tasks, the Information Institution shall have the following powers:

a. to make a request for information to the official responsible for information availability and service within the state institution with or without prior notification;

b. to make a request for the relevant records or materials held by the state institution the duties of which are related under this Law;

c. to invite and summon relevant parties to be present either in the framework of special consultations or other meetings;

The Information Institution shall be further regulated by Presidential Decisions.

The Information Commission shall be an independent body the functions of which are to settle any dispute regarding information through mediation and or adjudication.

(1) The Information Commission shall consist of the Central Information Commission, the Provincial Information Commission, and the Regency/City Information Commission.

(2) The Central Information Commission shall be the Information Commission at the central level and domiciled in the capital city of the state.

(3) The Provincial Information Commission shall be the Information Commission at the provincial level and domiciled in the capital city of the province.

(4) The Regency/City Information Commission shall be the Information Commission at the Regency/City level and domiciled in the regency/city.

(2) The Provincial Information Commission and the Regency/City Information Commission shall respectively consist of 3 (three) members.

(3) The Central Information Commission, the Provincial Information Commission, and the Regency/City Information Commissions shall be chaired by a chairperson concurrently a member and assisted by a secretary concurrently a member.

(4) A chairperson and a secretary shall be elected among the members of the Information Commission.

(5) The election as referred to in paragraph (4) shall be carried out on a consensus among all the members of the Information Commission, and unless a consensus is reached, the members shall cast a vote.

(6) In performing its duties, the Information Commission shall be supported by a secretariat.

a. to receive, hear, and decide cases submitted by any person based on the reasons stipulated in this Law.

b. to make procedural guidelines on the task implementation as referred to in paragraph (1) subparagraph (b);

c. to periodically evaluate the procedural guidelines as meant in paragraph (2) subparagraph (b) by consultation with the Provincial Information Commission and the Regency/City Information Commission and the public.

d. to facilitate the settlement of disputes regarding information at the provincial level and the regency/city level until the Provincial Information Commission and the Regency/City Information Commission are established.

(1) In performing its tasks, the Information Commission shall have the following powers:

a. to summon and present all relevant parties for a special consultation and another meetings.

b. to collect relevant records or materials from the relevant state institutions for the purposes of mediating or settling public complaint cases.

c. to summon or hear the relevant officials of the Public Body concerned or the relevant party to become a witness for the purposes of mediating or deciding public complaints.

d. On adjudication, the Information Commission shall be obliged to require every witness to take an oath.

(2) The jurisdiction of the Central Information Commission shall include information disputes involving Public Bodies at the central level.

(3) The jurisdiction of the Provincial Information Commission shall include information disputes involving Public Bodies at the provincial level.

(4) The jurisdiction of the Regency/City Information Commission shall include information disputes involving Public Bodies at the regency/city level.

(5) In case of miscarriage on appeal, the Information Commission to which such an appeal has been submitted shall be obliged to spontaneously deliver the appeal to the competent Information Commission and further notify the appellant of the miscarriage.

(2) The Central Information Commission shall submit an annual report on the implementation of its functions, tasks, and powers to the House of Representatives, the President, and the Supreme Court.

(3) The Provincial Information Commission shall submit an annual report on the implementation of its functions, tasks, and powers to the Provincial House of Representatives, the Governor, the Supreme Court, and the Central Information Commission.

(4) The Regency/City Information Commission shall submit an annual report on the implementation of its functions, tasks, and powers to the City Council, the Regent/Mayor, the Supreme Court, and the Central Information Commission.

(5) The report as referred to in paragraphs (2), (3), and (4) shall be open for the public and shall be widely disseminated through printed media and or electronic media.

a. an activity report (the number of cases, categories of cases, judgements, settlements, and duration of case settlement, etc).

The Central Information Commission’s report shall also include matters reported by the Provincial Information Commission and the Regency/City Information Commission.

The Information Commission’s financial statement shall also be submitted to the Finance and Development Supervisory Agency (BPKP).

To become a member of the Information Commission, a candidate must meet the following conditions:

c. no longer be a member or involved in the management of a political party for a period of 3 (three) years;

d. no longer be an active member of the Indonesian Army or the Indonesian Police;

e. have never been convicted of a crime subject to imprisonment for a period of 5 (five) years or more except for conviction of conflicting ideas of ideology and politics;

i. be willing to withdraw from office in state administration or politics if appointed a member of the Information Commission.

The list of nominated members of the Information Commission must be informed to the public, and every citizen has the right to reject a nominee by stating the reasons thereof.

(1) The members of the Central Information Commission shall be elected by the House of Representatives at the recommendation of the Central Information Commission and be inaugurated by the President as the head of the state.

(2) The members of the Provincial Information Commission shall be elected by the Provincial House of Representatives on the recommendation of the Provincial Information Commission and be inaugurated by the President as the head of the state.

(3) The members of the Regency/City Information Commission shall be elected by the Regency/City Council on the recommendation of the Regency/City Information Commission and be inaugurated by the President as the head of the state.

(4) The House of Representatives, the Provincial House of Representatives, and the Regency/City Council shall elect the candidates recommended by the Information Commission after public consultation.

(5) Nomination by the House of Representatives, the Provincial House of Representatives, and the Regency/City Council shall include the reasons thereof.

(6) The election as meant in paragraphs (1), (2), (3), and (4) shall be carried out transparently and participatively.

(7) The members of the Central Information Commission, the Provincial Information Commission, and the Regency/City Information Commission shall be appointed every 5 (five) years and may be re-appointed for 1 (one) following term.

(1) A member of the Information Commission shall withdraw from his/her office because:

(2) A member of the Information Commission shall be dismissed during his/her term of office by the President upon the recommendation of the Information Commission concerned if:

a. he/she has been convicted of a crime subject to imprisonment for a minimum period of 5 (five) years;

b. he/she undergoes mental or physical diseases or other causes that make the member unable to perform his/her duties within a full period of 1 (one) year;

c. he/she acts disgracefully or performs other disgraceful acts due to libel/defamation and impairing the independence and credibility of the Information Commission concerned, the dismissal of whom shall be decided by all members of the Information Commission concerned.

(3) A member of the Information Commission shall be temporarily dismissed if he/she is under custodial interrogation.

(1) Any person, if he/she finds matters as stipulated in Article 38 paragraph (2), shall have the right to file a complaint to the Information Commission.

(2) The Information Commission shall be obliged to confirm the facts of and respond to the complaint.

(3) Within 30 (thirty) days after the receipt of the complaint, the Information Commission shall be obliged to notify the complainant of the results thereof as meant in paragraph (2).

(4) The dismissal may be done after the results as meant in paragraph (2) show that a member of the Information Commission has acted as meant in Article 37 paragraph (2).

(5) The President at the request of the Central Information Commission shall dismiss a member of the Central Information Commission; the Governor at the request of the Provincial Information Commission shall dismiss a member of the Provincial Information Commission; and the Regent/Mayor at the request of the Regency/City Information Commission shall dismiss a member of the Regency/City Information Commission.

(1) Any requester shall have the right to file an objection, an appeal, and cassation if:

g. the period of the delivery of requested information has elapsed as stipulated in this Law.

(2) The reasons as meant in paragraph (1) shall allow the requester and the documentation and information official to settle a dispute on consensus if wanted by both parties.

If a Public Body states that it fails to fulfill his/her request because such information is not available therein, the requester may file an appeal based on the assumption that the Public Body concerned must have held such information, or the requester believes that there is such information in that Public Body.

The request is considered unanswered since the period of the delivery of information has elapsed as stipulated in Article 22.

For example, the requester asks for information on the annual budget of a Public Body, but he/she receives information on its workforce.

(1) An objection shall be filed to the superior of the information and documentation official.

(2) An appeal shall be filed to the Central Information Commission, the Provincial Information Commission, and the Regency/City Information Commission in accordance with their respective jurisdictions if, on objection, answers of the superior of the documentation and information official fail to satisfy the requester.

(3) Cassation may only be filed to the Supreme Court if the requester is dissatisfied with the decision of the Information Commission on a dispute as meant in Article 40 paragraph (1) subparagraph (a).

(1) An objection must be filed by the requester not later than 30 (thirty) working days upon the fact-findings as referred to in Article 40.

(2) The superior of the official as referred to in Article 41 paragraph (1) shall be obliged to answer the requester in writing within 7 (seven) working days since the receipt of the objection.

(3) If the superior of the official as referred to in Article 41 paragraph (2) is yet to affirm the decision of his/her subordinate, the reasons thereof shall be made in writing.

(1) An appeal may be filed by the requester, if the objection submitted to the superior of the official fails to satisfy the requester, not later than 14 (fourteen) working days after the receipt of the written answers from the superior of the official as referred to in Article 41 paragraph (3).

(2) The Central Information Commission, the Provincial Information Commission, and the Regency/City Information Commission shall settle disputes by way of mediation or adjudication within 14 (fourteen) working days after the receipt of the appeal.

(1) In the event that a case submitted to the Information Commission has reached an agreement by way of mediation, the agreement concerned shall be set forth in the form of a final and binding decision of the Information Commission.

(2) In the event that a case submitted to the Information Commission is determined by way of adjudication, such judgement as stipulated in Article 40 paragraph (1) subparagraphs (b) through (g) shall be final and binding.

(1) Cassation may be filed by the requester if the appeal decision as referred to in Article 40 paragraph (1) subparagraph (a) fails to satisfy the requester, not later than 30 (thirteen) working days after the receipt of the Information Commission’s decision as referred to in Article 43.

(2) The Supreme Court shall be obliged to make a decision not later than 14 (fourteen) working days since the receipt of the cassation.

The budget of the Information Commission, the Information Institution, and the implementation of this Law shall be borne by the State Budget and the Regional Budget.

(1) The relevant Public Body, as an information provider and giver, may charge every requester only for the copying and the delivery of the requested information based on reasonable fees.

(2) A company making a request for information, in accordance with this Law, shall be charged for information searches other than fees as meant in paragraph (1).

(3) A Public Body may determine that requested information shall be under a free-of-charge basis if such information costs within a certain amount, and may specify fees for information searches.

Copying will be charged if the requester makes a request for information in a format that needs copying; the same applies to delivery.

(1) Any person knowingly disobeying or ignoring the decision made by the Information Commission shall be subject to imprisonment for a maximum period of 5 (five) years and for a minimum period of 2 (two) years and or a maximum fine of Rp.500,000,000 (five hundred million rupiah) and a minimum fine of Rp.100,000,000 (one hundred million rupiah).

(2) Any person failing to enforce the decision of the Information Commission shall be subject to penalty (dwangsom) of a maximum payment of Rp.1,000,000 (one million rupiah) per day after the time limit of the enforcement has elapsed as stipulated in the decision concerned.

(3) The criminal sanction as referred to in paragraph (1) shall not rescind the duties to obey the Information Commission’s decision.

Any person knowingly disobeying the Information Commission’s summon as stipulated in Article 34 paragraph (1) subparagraph (c) shall be subject to criminal confinement for a maximum period of 1 (one) year and for a minimum period of 6 (six) months and or a maximum fine of Rp.10,000,000 (ten million rupiah) and a minimum fine of Rp.1,000,000 (one million rupiah).

Any person knowingly hindering, obstructing, or impeding a hearing held under the authority of the Information Commission as referred to in Article 34 shall be subject to criminal confinement for a maximum period of 3 (three) months and for a minimum period of 3 (three) days and or a maximum fine of Rp.200,000,000 (two hundred million rupiah) and a minimum fine of Rp.1,000,000 (one million rupiah).

Any person who perjures himself/herself before the Information Commission as stipulated in Article 34 paragraph (1) subparagraph (d) shall be subject to punishment as stipulated in the Criminal Code.

Any person knowingly and unlawfully so destroying, damaging, or disposing of any information so as to be unusable shall be subject to imprisonment for a maximum period of 10 (ten) years and for a minimum period of 2 (two) years and or a maximum fine of Rp.1,000,000,000 (one billion rupiah) and a minimum fine of Rp.100,000,000 (one hundred million rupiah).

Any person knowingly making false or misleading public information shall be subject to imprisonment for a maximum period of 2 (two) years and for a minimum period of 1 (one) year and or a maximum fine of Rp.100,000,000 (one hundred million rupiah) and a minimum fine of Rp.10,000,000 (ten million rupiah).

The fine shall not be partly or fully borne by or taken from the state treasury.

(1) Any person providing information on violation against the provisions in this Law shall have immunity from any legal action.

(2) Any person in good faith disclosing the exempted information shall have immunity from any legal action.

(3) Any person as meant in paragraphs (1) and (2) shall have the rights as stipulated in Law concerning the witness protection.

(1) The Central Information Commission shall be established and effective not later than 6 (six) months as from the date this Law is enacted.

(2) The Provincial Information Commission shall be established and effective not later than 3 (three) years as from the date this Law is enacted.

(3) The Regency/City Information Commission shall be established and effective not later than 5 (five) years as from the date this Law is enacted.

(4) The procedural guidelines on the task implementation as referred to in Article 33 paragraph (2) shall have been made within 3 (three) months as from the date the Central Information Commission is established.

(5) The Central Information Commission shall have the powers to hear and decide a dispute as stipulated in Article 33 paragraph (2) until the Provincial Information Commission and the Regency/City Information Commission are established.

The establishments of the Central Information Commission, the Provincial Information Commission, and the Regency/City Information Commission will spend a lot of time on their transparent and participative recruitment, education and training, procedure making, etc.

Upon the effectiveness of this Law, all existing laws and regulations with respect to the access to information shall remain in force insofar they are not contrary to this Law or not revised by this Law.

In order that everyone may be informed, it is ordered that this Law be proclaimed by publication in the State Gazette of the Republic of Indonesia.