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Indonesia

Ensure access to legal aid information (ID0120)

Overview

At-a-Glance

Action Plan: Indonesia Action Plan 2020-2022

Action Plan Cycle: 2020

Status:

Institutions

Lead Institution: 1. Ministry of Law and Human Rights - National Law Development Agency (BPHN) 2. Central Information Commission

Support Institution(s): State actors involved 1. Supreme Court 2. Ministry of Home Affairs 3. Ministry of National Development Planning/National Development Planning Agency

Policy Areas

Access to Information, Access to Justice, Inclusion, Justice, Open Justice, Right to Information, Sustainable Development Goals

IRM Review

IRM Report: Indonesia Results Report 2020-2022, Indonesia Action Plan Review 2020-2022

Early Results: No early results to report yet

Design i

Verifiable: Yes

Relevant to OGP Values: Yes

Ambition (see definition): Low

Implementation i

Completion:

Description

What is the public problem that the commitment will address? Information disclosure is a significant prerequisite for participatory and responsible management of public resources. Currently, legal guarantees related to Information Disclosure are available, namely Law No. 14 of 2008 concerning the Transparency of Public Information (Central Information Commission Law). The Central Information Commission Law is a legal guarantee to encourage information disclosure in state administration. The government's efforts that have provided legal guarantees for information disclosure should be appreciated. However, legal guarantees alone are not sufficient. Other prerequisites are needed for the law to be effective in supporting information disclosure. One of them is the availability of access for the public to get public information. To note, many cases faced by the community are often related to access to information causing the public to go through a mechanism for requesting information, 40 objections, and information disputes (the stages of mediation, adjudication, to a lawsuit in court). Therefore, this issue requires the availability of legal aid related to access to information. What is the commitment Strengthening legal aid related to information disputes. How will the commitment contribute to solving the public problem? This program will encourage access to public information that can help the adjudication process ensuring access to information for the community. Why is this commitment relevant to OGP values? This program will support Open Government value, namely inclusion. With access to information, the community's dispute process, especially indigenous groups, will be easier to handle. Therefore, accommodating the needs of the often-excluded indigenous groups. Why is this commitment relevant to Indonesian Medium-Term National Development Plan (RPJMN) and SDGs? This commitment aligns with the Strategic Priority Projects in the RPJMN 2020-2024, page 272, to increase access to justice. This program will also support the goals of the 16th SDGs, namely Peace, Justice and Strong Institutions, primarily target 16.3, namely promoting the rule of law at the national and international levels and ensuring equal access to justice for all. Additional Information - Milestone Activity with a verifiable deliverable Start Date End Date 1. Implementation of recommendations from the results of study related to legal aid in handling information dispute cases January 2021 December 2022 2. The availability of disaggregated dispute data (information dispute resolution data that has been completed in the mediation stage, non-litigation adjudication, January 2021 December 2022 41 and the objection stage on the decision of information commission in State Administrative Court and District Court).

IRM Midterm Status Summary

Action Plan Review


Commitment 10: Legal Aid for Access to Information

  • Verifiable: Yes
  • Does it have an open government lens? Yes
  • This commitment has been clustered as: Access to Justice (Commitments 6-10)
  • Potential for results: Modest
  • IRM End of Term Status Summary

    Results Report


    Commitment 10. Legal Aid for Access to Information

    Verifiable: Yes

    Does it have an open government lens? Yes

    ● This commitment has been clustered as: Access to Justice (Commitments 6–10)

    Potential for results: Modest

    Completion: Limited

    Did it open government? No early results to report yet

    This commitment intended to strengthen legal aid related to information dispute cases by implementing study recommendations and opening access to disaggregated data on the cases. During the implementation period, BPHN conducted a brief study on strengthening support for legal aid related to access to information. In parallel, YLBHI and LBH Bandung conducted a needs assessment through a focus group discussion and collection of supporting data. However, this was not integrated into the study. [82] In terms of results, there was no evidence that recommendations of the study were implemented. Regarding disaggregated information dispute data, during the implementation period, the Information Commission published its 2020 and 2021 annual performance reports, which covered cases that occurred between 2010 and 2021, [83] similar to the data available in the 2019 annual performance report. [84] This did not include cases at the subnational level, which is outside of the Information Commission’s jurisdiction. [85] These jurisdictional issues reflect issues in mapping of stakeholders during design of the commitment.

    [82] “Penguatan Dukungan Penyelenggaraan Bantuan Hukum untuk Akses Informasi” [Strengthening Support for the Implementation of Legal Aid for Access to Information], Ministry of National Development Planning, https://drive.bappenas.go.id/owncloud/index.php/s/zNkRMtMaXaHV7Wu?path=%2FKL%2FKemenkumham#pdfviewer; Open Government Indonesia Secretariat, “Laporan Monitoring dan Evaluasi Rencana,” [Monitoring and Evaluation Report], 91–98, https://drive.bappenas.go.id/owncloud/index.php/s/lnElp1v1TS3RMJi#pdfviewer ; Nurpian, interview; Sabrina, interview.
    [83] “Laporan Tahunan” [Annual Report], Information Commission, https://komisiinformasi.go.id/v2/laporan-tahunan (accessed 23 May 2023).
    [84] Open Government Indonesia Secretariat, “Laporan Monitoring dan Evaluasi Rencana,” [Monitoring and Evaluation Report], 91–98, https://drive.bappenas.go.id/owncloud/index.php/s/lnElp1v1TS3RMJi#pdfviewer .
    [85] Wibowo, Hasiholan, Arifin, and Yuniasningrum, focus group discussion.

    Commitments

    Open Government Partnership