FOINI Sues Gorontalo Governor Regarding KI Gorontalo Appointment
Jakarta – (19/11) The Freedom of Information Network Indonesia (FOINI) on November 9, 2015, filed a lawsuit at the Manado Administrative Court following the issuance of Gorontalo Gubernatorial Decree No. 323/11/VIII/2015 about Re-appointment of Gorontalo Information Commission (KI) Period 2015-2019.
In the lawsuit, FOINI requested the court to urge the Gorontalo government to revoke the decree and conduct another selection of Gorontalo KI.
The Gorontalo government allegedly violated Article 30, 31 and 32 of Law No. 14/2008 about Public Information Disclosure (UU KIP) for not conducting selection of KI members. The four articles are related to each other and must not be understood separately. The Gorontalo government only carried out Article 33 which is appointment of members, but failed to comply with the other articles.
Article 33 is not intended to restrict the term of KI members. “It was finally agreed the term of KI members is four years so that the term is not the same as presidential term which is five years,” wrote Annotation Team of UU KIP.
“For KI members that would like to be appointed again, in accordance with Article 30, 31 and 32 of UU KIP, they have to follow the recruitment process,” said the team.
Desiana Samosir, Coordinator of FOINI, said that in the last two years, there have been systematic efforts from Provincial KI incumbent members to extend their term without going through the selection process. The efforts came up in KI National Coordination Meeting on September 2014 I Mataram. One of the agreements read “Accepting Selection Process Guidelines and Information Commission Member Appointment with regards to inputs about operational guidelines of Incumbent Information Commission members.”
The phrase “with regards to inputs about operational guidelines of Incumbent Information Commission members” by the majority of Provincial KI members was interpreted as the rights of KI to be re-appointed without selection process.
“This is a bad precedent for the development of public information openness and threatens information services in provinces,” said Desi.
Therefore, FOINI took an action to fix this condition. FOINI previously sent a notification letter to Gorontalo Governor, DPRD Gorontalo and Central KI, asking all parties to play their respective role in the selection of Gorontalo KI.