13 January 2014 was a gray date for Suhardi, activist of the Indonesian Forum for Budget Transparency (FITRA) in West Nusa Tenggara. The reason is that on that date the NTB Golkar Party DPD filed a civil lawsuit against the person concerned at the Mataram District Court regarding a request for financial information for the party bearing the banyan symbol. The attorney for the Golkar Party DPD NTB, Sri Hayatiningsih, stated that this lawsuit was filed because the defendant (Suhardi) was considered to have filed a request for information with the subjective aim of ordering sponsors for the purpose of undermining the image and authority of the NTB Golkar Party. In addition, this party is also suing the Central and Provincial Information Commissions because they are considered to have carried out adjudication malpractice.
Judging from the materials of the lawsuit, which lists the 25 reasons for the plaintiff, it appears that the Golkar Party of West Nusa Tenggara is very serious about its lawsuit. especially in the last point of the lawsuit, it was stated that this party suffered material and immaterial losses due to the actions of the defendants amounting to Rp. 1.053 billion. The plaintiff asked the Mataram District Court to cancel the NTB KI decision which won the information dispute filed by Suhardi, punishing the defendants by paying compensation of Rp. 1.053 billion and provide sanctions and guidance to the defendants.
According to the spokesperson for the NTB Information Disclosure Working Group (POKJA KIP), Dwi Arisanto, the lawsuit filed by the Golkar party, West Nusa Tenggara, is considered to be in the wrong address because institutional intellectual property cannot be sued by the litigants. “The parties may only challenge the results of the KI decision as stipulated in the KIP and PERKI Laws, this action is clearly an attempt to criminalize state institutions and information applicants which is carried out systematically for the purpose of closing information that should have been disclosed by this party, he stressed. In this case POKJA KIP will monitor and advocate for this trial process together with the NTB judicial monitoring post and the KY liaison office for the NTB region.
in a separate place, Ahyar Supriyadi, the Coordinator of the Judicial Monitoring Department stated that this should not be a precedent for any public body that any applicant for information considered disturbing or troublesome because their request for information can be legally sued. UU KIP clearly regulates the rights and obligations of public bodies and the rights and obligations of information applicants. he considered this lawsuit to deviate too far from the corridors of the UU KIP while asking the plaintiff to withdraw his lawsuit because it was deemed useless. Precisely this will worsen the image of the Golkar Party because it seems to be a party that is anti-openness and opposes the KIP Law which was actually made by themselves in the DPR. “Once the trial of this lawsuit will be raw because it is very shallow, premature and out of substance of the UU KIP”. we will monitor the process of this trial at the District Court, we hope that the judges handling this case if it continues, won’t catch a cold,” he said.
FOR FRIENDS, PLEASE LOOK AT THIS WRITING AND REQUEST ADVICE AND SUPPORT FOR SUHARDI DKK KI. CRIMINALIZATION AGAINST KI AND THE PETITIONER MUST STOP RIGHT NOW
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best regards
Hendriadi
Provincial Coordinator
Regional Research and Information Center (PATTIRO)
Community Access to Information
West Nusa Tenggara
“synergize the action lead the change”
Office : Jl Surabaya No 18 Taman Baru – Mataram West Nusa Tenggara 83127
Tel/Fax : (0370) 639311
Website : www.pattiro.org
Email : hendriadi@pattiro.org, ntb@pattiro.org
DPD GOLKAR NTB CRIMINALIZE THE PUBLIC INFORMATION APPLICANT