Government, represented by the Social, Economics, and Culture  Affairs Advisor to the Minister of Communication]Djoko Hari submitted his response to the petition for judicial review of Law Public Information (KIP) filed by 22 commissioners and the Central Information Commission and the Provincial Information Commission of the citizens of Indonesia as the taxpayers. The testimony was presented at trial case No. 116 / PUU-XII / 2014 which was held on Thursday (4/12) at the Plenary Room of the Constitutional Court (MK).

In front of the plenary of judges chaired by Hamdan Zoelva, Djoko delivered in principle, every citizen has the right to communicate and obtain information as mandated by Article 28F 1945 Constitution. To the right of citizens can be met, then the public information function should be maximized to always give priority to the principle of setting public information.

Its intended Information Commission set up to run the Freedom of Information Law, including a set of technical guidelines and standards of public information services to resolve disputes of public information through the media of non-litigation adjudication hearing. Information Commission shall be independent in carrying out these duties.

Djoko also gives explanation related to the argument of the applicant stating the commissioner in the Information Commission cannot carry out its duties and powers as a result of the enactment of the provisions of Article 29 paragraph (2), paragraph (3), (4), and (5) Freedom of Information Law . The fourth paragraph basically states implementation by the Secretariat of the Commission on Government Information and membership is determined by the minister of communications and information technology. According to the Petitioners, government intervention in the provision has led to the commissioners unable to perform its duties and powers to the optimum. Especially, disputes involving government information and the Ministry of Communications and Information Technology.

In response, Djoko said the Information Commission is a body which is governed directly by the Constitution shall exercise its functions related to the judicial authorities. According to the Government Information Commission is a quasi rechtspraak conducting moot court. Commission Information hierarchically located on executive power that performs the function of non-litigation adjudication.

"Information Commission, as the executor of the executive government functions within its duties and powers set out in the Act KIP, shall be subject to the legislation that gave it birth," said Djoko.

Related to the independence and freedom of Information Commission questioned by the Petitioners, Djoko said it has been determined by the legislators as open legal policy in shaping Act KIP. In other words, forming the Freedom of Information Law has put the full freedom to the Information Commission commissioner appointed and accountable to the president and to report the implementation of the functions, duties, and powers to the Parliament. Administrative support, finance, and governance institutions are carried out by the Information Commission Secretariat Information Commission are part of the responsibility of the Government in accordance with the legislation.

"The independence of the Information Commission is guaranteed since the election commission members are open, honest, and objective, to be submitted to Parliament or the Legislative Council prior to conduct fit and proper test hereinafter appointment arranged by the President and or regional chief" said Djoko .

Djoko also said that the notion of the Petitioners regarding dependency pf Information Commission will be disrupted when the Government takes part to the dispute which is deemed a mere prejudice or assumptions. The government considers the need for government elements because not all information is open. "Therefore, to dispute information that is covered in the need for government elements in it. Other than that information is open also been secured and regulated by the Act KIP through a mechanism in obtaining information, "said Djoko. (Yusti Nurul Agustin/kun)