Openness Consistency in the Implementation Framework of Good Governance

The publication of Law No. 14 of 2008 on Public Openness (KIP law) is form of active encouragement on public and government participation involvement in order to realize the basic rights commitment on information services needs. In the context of public openness, the presence of this law opens public access for monitoring and supervision.

Normatively, KIP law can be regarded as a product of regulation that quite advanced in realize the State openness implementation. Because this law expressly provides the obligations to the public institution to open the information relating to its institution, the policy result, and activities that conducted, includes the financial condition and use of the budget. In other words, public has a right on information from the Government as a public institution.

Then what is categorized of institution as a public institution? Public institutions here means executive, legislative, judicative and other institution whose functions and duties related to the state implementation, partially or all of their funds from the state budget or non-governmental organization or public donation, or foreign donation.

As known, the purpose of KIP Law, as stated in Article 3 is guarantees the public right to know the plan of public policy, public policy programs and public decision-making process and the reasons for making a public decision; encourage public participation in public policy-making process; increase the public role in public policy making and management of the public institution; realizing the good state implementation which is transparent, effective and efficient, and accountable.

As for the intended of public information, as defined in Article 1 of KIP law, is the information that generated, stored, managed, and delivered or received by a public institutions that related to the administrator and state implementation and or administrator and the implementation other public institution accordance with the law and other information relating to the public interest.

Referring to the definition, public information that referred include the information relating to public institution, information on the activities and performance of the public institution related, information about financial administration reports and other information that regulated in the legislation.

On the other hand, the right on public information public also has an obligation to comply the various laws and applicable regulations and mechanisms for obtaining and using the information responsibly. Therefor, in addition to arranging the obligation of public institutions, KIP Law also regulates the authority of public institutions, including the right to refuse to provide information that included in the category of exempt information and if it is not in accordance with the provisions of the legislation.

Strategic Role of PPID

Public openness on state implementation openly also activated globally now. One of the international initiative that been established to create openness is the Open Governance Partnership (OGP) which Indonesia as one of the countries that have committed to a OGP initiative, responsible for carrying out various initiatives to encourage openness of information in the country.

The initiatives outlined in the strategic plan of the Open Governance Indonesia (OGI), where all the preparation activities, implementation, monitoring and evaluation of the strategic plan under the coordination of the Presidential Working Unit for Development Monitoring and Control (UKP4).

One of the strategic planned that has been prepared to optimize the implementation of KIP law at the Open Governance Indonesia level (OGI) is accelerating the establishment of Information and Documentation Officer (PPID) in the entire Local Government. The implementation of policies to encourage the establishment of Local Government PPID is implemented by the Ministry of Home Affairs which has the function of coordination, guidance and supervision of the local government.

In order to not just being a concept, then the substance of public openness should regulated further in Government Regulation (PP) No. 61 of 2010 on the Implementation of KIP law, whereas for the more implementable level, the Ministry of Home Affairs has issued Regulation Number 35 of 2010 on Guidelines for the Information Services Management and Documentation in the Ministry of Home Affairs and Local Government.

One of the important substances and strategic of the three regulation (KIP Law, Government Regulation No. 62 of 2010 and Ministry of Home Affairs No. 35 of 2010) is the need to determined of Information and Documentation Officer (PPID) in each of central and local public institutions. In the context of local government, PPID is the official that determined by decree of Governor / Regent / Mayor who in charge in the field of storage, documentation, and provision of information services that directly responsible to the local secretary as a superior of PPID.

PPID is the main implementer of management information and documentation that responsible in creating information services quickly, precisely and simply. PPID was appointed and confirmed by the leader of public institution. PPID is attached to the structural official in charge of the task and information service functions as well as competence in managing information and documentation. On doing the duties, PPID assisted by PPID Assistant and / or other functional officers.

In support to accelerate the local PPID establishment, then needs to be done the organizing effectively, efficiently, integrative and comprehensive. Considering the establishment of local PPID is associated with several aspects, including regulatory aspect, planning aspect, institutional aspect, coaching aspect, supervision aspect and accountability and reporting aspect.

The needs for Easier and Faster Access to Information

After three years of progress, KIP law yet fully running optimally. In addition, the lack of readiness of the Government that is directly proportional to the big desire of public to access information, moreover the unpreparedness of public institution on information access services in the public that do not match the expectations and reality, it is not impossible to have an impact on the emergence of information disputes, yet again the support of available database is still very limited besides the low competence and awareness of human resources information manager who understand the mechanism of information access and documentation system.

Over three and a half years of KIP law enforcement, at the level of Ministries/institutions, only partially of public institution which has been fulfilled a series their obligations. The obligation in question was appointed the Information and Documentation Management Officer (PPID), compiling a list of public information, conducting consequences test of exempt information, creating standard operating procedures of public services and allocate the budget of information services.

Considering the public information is open and accessible to every user of public information, the public institution must provide the access and infrastructure facilities which accessible by the public. It is also been affirmed in Article 9 of KIP Law that obligation for disseminating public information in a way that is easily accessible by the public. The same thing also enshrined in Article 21 of KIP Law that the mechanism to get the information is based on the rapidly, timely, and inexpensive principle.

The role of the Ministry of Home Affairs is very strategic in encouraging public institution at the local government to implement KIP Law. The issues of Ministry of Home Affairs Regulation No. 35 of 2010 assess effective enough as facility of KIP Law socialization to the Local Government.

Finally, in the middle of open or half-open regime, guarantees the right to freedom of public information become the solution at the same time to push “Open Governance” towards the creation of a clean government “Good Governance”. Here was the certainty of commitment from state administrators required to more serious to manage openness.

As the end of this article, “Wise Man said who control the information, it is not impossible that he will control the world.” (Adv / sam / JPNN)

Source: JPNN

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