The Act on Public Information Disclosure Reformulation: A Comparative Law Study of Indonesia and Canada

DOI

10.2991/978-2-494069-65-7_9How to use a DOI?

Keywords

public policy; freedom of information; human rights; comparative method

Abstract

Freedom of information (FOI), the prominent and integral part of fundamental right according to the 59th UN General Assembly’s Resolution, is to embody the ideal and sustaining modern democratic state, open and accountable government institution. Indonesia, as one of the young democratic states, adopted FOI norms in the 1945 Constitution and Act No 14 of 2008 to minimize public rights issues regarding information. This Act governs that some limitations are applied to certain information that is classified as “state secret information”. Due to the complex bureaucracy and different perceptions of each public official, these limitations become unclear. Some cases show that certain public officials deliberately hinder citizens’ right to their rightful information moreover, the loss of important information regarding the murder of prolific human rights activists. Meanwhile, the implementation of FOI in Canada is already stepping ahead with its Access to Information Act, proven by the fact that Canada is labelled the most transparent country and currently serving as a top performer in open government issues. This paper aims to identify the core problems of the Indonesia FOI Act by comparing it with Canada’s Access to Information Act while framing an adoption model that can be implemented in Indonesia. This research is doctrinal research conducted using the comparative method. From the analysis undertaken, Indonesia can be concluded to adopt the clarity and distinctiveness of Canada’s FOI Act regarding the information categorizing and apparatus, as well as sustaining the core legal principles of confidentiality in the digital era.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Murti Ayu Hapsari
AU  - Wiwin Budi Pratiwi
PY  - 2022
DA  - 2022/12/24
TI  - The Act on Public Information Disclosure Reformulation: A Comparative Law Study of Indonesia and Canada
BT  - Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)
PB  - Atlantis Press
SP  - 81
EP  - 91
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-65-7_9
DO  - 10.2991/978-2-494069-65-7_9
ID  - Hapsari2022
ER  -