Dimas Prasidi

Mini Mind of Me

People Access to Court Information was Granted

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The Freedom of Information issue, as one of human rights, has become one of the most sexiest issue on the judiciary reform. This issue has arose during the enactment of Public Information Bills in 2009. the problems are, judicial institutions in Indonesia are incapable to pursue and applicate this Bills. It begin in 2008, when The Parliament of Indonesia was successfully passed the Openness of Public Information Bill (Act Number 14 Year 2008). that Bill was claim will bring a significant changes in public services performance. The Bill give guarantee for public on obtaining public information and obligate public bodies to provide and publish public information under their authorities.

In Indonesia, we have problems on people access to justice, especially on people access to the information related to judicial process in court. Its been a common knowledge, that court verdict, court record and other document related to adjudication process aren’t free. Illegally, court administration are charged people who want to obtain these document with prices, although they are court users. In the Public Information Bill, ruled that judicial documents are public information, anyone should be able to obtain it. This mistreatment was a legacy from the previous regime, Suharto’s authoritarian regime. Public official are used to take advantages of their position as a public servant. They charged people from the beginning of public services process till the end of the process. People used to say that public servant offices are consist of several table which had its own charges and prices. People can not access any public documents easily so that they can not reach their own rights. As written by the coalition on FOI (Freedom of Information) in Indonesia, several problems which caused by this mistreatment are advocacy on human rights, anti-corruption, and environment delayed by culture of secrecy, people can not fully participate on budget process because they don’t have any access to know the document of budget planning. For women, it is worst. The government regardless their involvement in every level of decision making process and marginalized people can not voice their unfairness situation without any information related to their rights. (For example: the scarcity of fuel or oil or gas for daily life).

In the beginning of the revolution struggle in 1998 (Reformasi 1998), some of the founding father of this country tried to amended the constitution. After the second amendment, our constitution have articles regarding human rights. The rights to seek and impart information are enacted in Article 28F in our constitution. Is said; Every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels. Based on that article, in 1999, a civil society coalition for Information freedom was established to call the government and pushed a draft of Information Freedom Bills. This effort was granted with the enactment of Public Information Bill in 2008 (Act Number 14 Year 2008). this bill requiring a commission on the rights to information called Public Information Commission. This institutions has power to process every public institutions or public official who try to keep a public information from the people, they had a repression authority.

The problems is the legacy itself. As i mentioned before, people access to seek judicial information was illegally restricted. That mistreatment are still performed even until now. The enactment of Public Information Bill and the effort from the Supreme Court by ruled SK MA 144 regarding Public Information in Court (Chief of Supreme Court Decree) wasn’t able to destroy this disease. People used to called the corrupt public official in court as “Judicial Mafia”, they referred to the inhuman mafia who always bribe and do dirty thing to gain advantages to themselves. This issue become trend in the beginning of 2010, when the President established the Task Force for the Judicial Mafia eradication. Its trigger by the bribery case of Anggoro (corruption case defendant) who caught on the record while he tried to bribe the public officials such as police officer and the prosecutor. The bribery case become a headline for several month in late 2009. Thus, during these changing, civil society role is not end automatically. We need to control and monitor every move that make to dispose or even disband this effort. As we know, the legacy was to rooted from the lowest level of public official to the highest level and its had affected all aspect of public service performance.


Written by dimasprasidi

March 29, 2010 at 3:33 am

Posted in Opini Saya

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