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Panel revision hearing of the judicial review of the Public Information Openness (KIP) Law, Monday (25/11) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a revision hearing of the judicial review of Law No. 14 of 2008 on Public Information Openness (KIP Law) on Monday (25/11/2019). The panel of justices consisted of Constitutional Justice Enny Nurbaningsih (chairperson) and Constitutional Justices Suhartoyo and Manahan M. P. Sitompul (panel members).

Petitioner Supriyono delivered several points of revision, including asserting the authorities of the Constitutional Court in the a quo case as stipulated in Article 29 paragraph (1) letter a of Law Number 48 of 2009 on Judicial Power. In addition, Supriyono strengthened his legal standing by emphasizing the obligation of the state to fulfill the Petitioner\'s rights to information that has legal certainty, as set forth in Article 1 paragraph (3), Article 27 paragraph (1), and Article 28I of the 1945 Constitution.

"As well as outlining the reasons for the Petitioner to focus on Article 38 paragraph (1) of the Law on Public Information Openness which, in the Petitioner\'s opinion, regulates the time when the effort to settle information disputes is begun," Supriyono added in case No. 67/PUU-XVII/2019.

In the posita, Supriyono mentioned the difference between this petition and his previous one (No. 45/PUU-XVII/2019) that was decided by the Constitutional Court, so that it is not nebis in idem. The Petitioner also stated that the interpretation of Article 38 paragraph (1) of the KIP Law in the Central Information Commission was also the same as that of other commissions, such as the Information Commission of Banten and Central Java Provinces.

"However, [it is] unlike the West Java Provincial Information Commission, [where] the problem is not just implementing the tasks in the commission but also the need for the interpretation by the constitutional justices," Supriyono stressed.

In the preliminary hearing on Tuesday (12/11/2019), individual citizen Supriyono challenged Article 38 paragraph (1) of the KIP Law. Article 38 paragraph (1) of the KIP Law reads, “The Central Information Commission and Provincial Information Commission and/or Regency/City Information Commission shall begin the process of Public Information Dispute Settlement through Mediation and/or non-litigation Adjudication within 14 (fourteen) working days upon receiving request for Public Information Dispute Settlement.”

The Petitioner filed a request for information dispute resolution between the Petitioner and the Peruri (state-owned securities paper and banknote printing company) to the Central Information Commission (KIP) with request form Number 034 dated July 25, 2019, which is not yet registered. He then filed another request No. 027/V/KIP-PS/2019 on Wednesday, May 29, 2019 at 08:50 A.M. with the President of the Republic of Indonesia as the Respondent.

However, according to the Petitioner, both petitions had not been processed although it had been over 100 working days since they were filed. This is due to the interpretation of experts at the KIP regarding the provision of the article that the KIP does not have the obligation to initiate mediation and/or non-litigation adjudication within 14 (fourteen) working days after receiving requests for resolution of public information disputes. The article reads, "through mediation and/or non-litigation adjudication no later than 14 (fourteen) working days upon receiving request."

The Petitioner claimed that his experience regarding the procedure was totally opposite of that with the KIP of West Java Province. On Wednesday, May 8, 2019, the Petitioner received a court summons Number 21/P/PA/PSI/KI-JBR/V/2019 on a scheduled initial examination hearing for Thursday, May 16, 2019 or 6 (six) working days after his request was received and registered by the West Java Provincial KIP. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti

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