Article Simon Butt* Freedom of Information Law and Its Application in Indonesia: A Preliminary Assessment Abstract: In 2008, Indonesia introduced its first “freedom of information” statute – Law 14 of 2008 on Disclosure of Public Information (the “FOI Law” or the “Law”) – which became fully operational in 2010. The FOI Law is an important component of the government transparency and accountability mechanisms established after Soeharto and his authoritarian “New Order” gov- ernment fell in 1998. This article assesses the extent to which the FOI Law has been effective in requiring public bodies to disclose “public” information that they would rather keep within their ranks. More time is needed for these reforms to take hold. However, this article, which provides the first academic analysis of the freedom of information reforms “in practice”, shows that Indonesia’s central Information Commission and the courts have, with two important exceptions, applied the FOI Law in favour of information-seekers, thereby providing some reason for optimism for the future of this reform. Keywords: law, Indonesia, freedom of information, transparency *Corresponding author: Simon Butt, Sydney Law School, University of Sydney, NSW 2006, Australia, E-mail: simon.butt@sydney.edu.au On 30 April 2008 Indonesia’s National Parliament enacted Indonesia’s first “freedom of information” statute – Law 14 of 2008 on Disclosure of Public Information (herein the “FOI Law”). 1 The FOI Law gives rights to Indonesian 1 Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik (literally, Law 14 of 2008 on the Openness of Public Information). An English translation of this statute can be found online at: <http://www.right2info.org/resources/publications/Indonesia-Public-Information- Disclosure-Act-2008.doc/view> (last accessed 30 October 2013). Although this article refers to this statute as the “FOI Law” for convenience, I note that “openness” rather than “freedom” is used in the title of the statute. The word “freedom” was dropped from earlier drafts by the government when the law was finally enacted: Andrew Thornley, “We Have a Right to Know. Is Our New Law Helping Us Find Out?” The Jakarta Post (26 December 2010). doi 10.1515/asjcl-2013-0030 ASJCL 2014; 8(1): 113–154 Brought to you by | University of Georgia Libraries Authenticated Download Date | 5/27/15 8:53 AM