Information in Presidential Decision on Clemency is Restricted
Date 4 Oktober 2016
The Adiministrative Court (PTUN) of Jakarta granted the objection of the Ministry of State Secretariat (Kemensetneg) on the Verdict of Central Information Commission Number 058/XII/KIP-PS-A-M-A/2015 dated 11 May 2016, that granted the law suit of the Institute for Criminal Justice Reform (ICJR) on the status of information of the Presidential Decision on Clemency. The ICJR wants the information to be open for public.
When the decision was read on Monday (3/10), the Head of Judges Judge Baiq Yuliani said that she could grant the objection of the Ministry of State Secretariat and vacate the Decision of Central Information Commission Number 058/XII/KIP-PS-A-M-A/2015 dated 11 May 2016, considering that the Presidential Decision on Clemency is a concrete, individual, and final stipulation or decision of the President as a Head of State.
According to the judges, the copy of the Presidential Decision can only be disseminated to the parties mentioned in Article 12 paragraph (1) and (2) of Law Number 5 of 2010 on the Amendment of Law Number 22 of 2002 on Clemency, i.e.: the convict, the Supreme Court; the Court that issues the verdict at first level; the State Prosecutors Office that prosecutes the convicts case; and Correctional Facility where the convict serves his/her prison sentence. In other words, the information of Presidential Decision on Clemency is restricted.
The verdict of Administrative Court of Jakarta is in line with the Decision of the Management Official of Information and Documentation of the Ministry of State Secretariat Number 01 of 2012 on the Stipulation of Classification of Excluded Information in Ministry of State Secretariat jo. Minutes of Consequence Test Number 01/PPID-Kemensetneg/2016 dated 5 April 2016 declaring the information in Presidential Decision on Clemency as well as its copy is confidential.
For the record, the ICJR, on September 2015, filed a request to the Ministry of State Secretariat to access the copy of Presidential Decision on clemency for death-row convicts. The request was rejected because the information is confidential.
Hence, the ICJR reported this issue to Central Information Commission that then granted the request of the ICJR and ordered the Ministry of State Secretariat to give the information. However, the Ministry of State Secretariat objected and filed its objection to Administrative Court of Jakarta.
The trial was attended by the legal counsels of the Ministry of State Secretariat, represented by Faisal Fahmi, Yudi Sugara, and Muamer Rizqo, while the ICJR was represented by Alex Argo Hernowo. (Humas Kemensetneg/ES)(MMB/YM/Naster)