Press Release
Indonesian Freedom of Information Network Coalition (FOINI)
Jakarta, Tuesday, February 14 2017
Reappointment of Information Commission Members without Re-Selection, the Constitutional Court Declares Unconstitutional and violates Article 33 of the KIP Law
The appointment of Information Commission members, including in the second period, must go through a selection process. That is the essence of the decision of the Constitutional Court (MK), which was delivered by the Panel of Judges at the MK building (7/2/17). This decision is a response to a request for judicial review (JR) regarding article 33 of Law no. 14 of 2008 concerning Openness of Public Information (UU KIP) regarding the interpretation of the phrase “Can be reappointed”.
JR’s request was triggered by the actions of the Governor of Gorontalo Province, who issued Decree No. 323/11/VIII/2015 concerning the Appointment of Members of the Gorontalo Province Information Commission (KI) for the 2015-2019 Period, dated 13 August 2015. In this decree, Gorontalo Province KI Members were appointed by the Governor for the second period without a selection process, as stipulated in articles 30 and article 32 of the KIP Law.
In its decision, the Constitutional Court stated that the direct reappointment without going through a selection process – as happened with the Gorontalo Province Information Commission – in addition to being contrary to article 30 paragraph (2), article 32 paragraph (1), paragraph 2 and paragraph (3), also has eliminated the public’s right to participate, as well as monitor and evaluate the performance of the Information Commission. This also includes eliminating the role of the DPR/DPRD in supervising the Information Commission. The Constitutional Court also emphasized that this mechanism has the potential to disrupt the independence of KI (biased in government interests) and has an impact on the fulfillment and protection of the right to public information.
FoINI Coordinator, Desiana Samosir, said “the Constitutional Court’s decision makes it clear that the re-appointment of Information Commission members without re-selection is a violation of the norms of the KIP Law and is unconstitutional. “Ignores community participation and is not transparent. Therefore, the Gorontalo provincial government should immediately revoke the decree,” he said.
FoINI itself, said Desiana, had conveyed its opinion to the Governor of Gorontalo. As is known, FoINI is a combination of dozens of NGOs in Indonesia and individuals. They are former members of Commission I DPR RI as the creator of the KIP Law, former members of the Central KI, former Central KI Experts, former Members of the Central KI South Timor, lawyers, and activists who advocated for the birth of the KIP Law.
Apart from that, FOINI’s lawyer, Wahyudi Djafar stated “With this Constitutional Court decision, the phrase “can be reappointed” has received a clear interpretation. That the law which uses the phrase “can be re-appointed” must be interpreted as being able to be re-elected using the mechanism as regulated by the applicable laws and regulations. Remember, the Constitutional Court is the only institution that has the authority to interpret laws. The President and DPR alone are obliged to submit to the MK’s interpretation. Especially the Governor,” concluded Wahyudi.
As is known, the applicants for this judicial review include: Foundation for Strengthening Participation Initiatives and Partnerships in Indonesian Community (YAPPIKA), Foundation for the Center for Regional Research and Information (PATTIRO), Foundation for the Association for Elections and Democracy (PERLUDEM), Muhammad Djufryhard (a resident of Gorontalo), and Desiana Samosir (FOINI).
Contact Person:
Desiana Samosir (0813-6928-1962)
Wahyudi Djafar (0813-8208-3993)
