scholarly journals Court Decision Publication and Judicial Reform Based on Electronic Court and Its Implication to Public Trust in Indonesia

Author(s):  
Amran Suadi

This paper is motivated by the spirit of judicial reform in Indonesia in the reformation era. The right to access information on judicial institutions is an integral part of the constitutional rights that guaranteed by the Indonesian Constitution and must be fulfilled. The question proposed in this paper is how far the court decisions publication and judicial reform based on electronic courts implicated to increase public trust to judicial institutions in Indonesia? On the one hand, public information disclosure is a demand for democracy, transparency, and accountability of judicial institutions to gain the public trust. On the other hand, the level of public trust to the judicial institution is still low. The research objective is to provide a general description the judicial information system services based on electronic court through the Supreme Court Decisions Directory and its implication to increase the public trust to the judicial institutions in Indonesia. The results of this study indicate that the public can now easily access all court information ranging from case administration service procedures to issuing court decisions, which also has implications to increase the public trust to the judicial institutions itself. The evidence can be seen in the decision-making filing program in the last ten years, in which the Indonesian Supreme Court has also succeeded in publishing 4,661,021 court decisions, consisting of 4,403,428 at first-level court decisions, 123,995 at appellate court decisions, 100,863 at verdict decisions, and 32,735 at reconsi¬deration decisions.

Widya Bhumi ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 58-64
Author(s):  
Nur Rahmanto

In essence, every citizen has the right to know about all activities or policies carried out by public officials, this is in addition to the right to obtain information, it is a human right as well as a means of public control over government administration, but the right to obtain this information is often There are obstacles both in terms of regulations and unsupportive behavior of public officials. Law Number 14 of 2008 (UU KIP) which regulates the issue of public information disclosure in its implementation conflicts with Permenagraria / Ka BPN Number 3 of 1997, in which the regulation of the Minister of State for Agrarian Affairs regulates restrictions on restrictions in providing information on land data which are often inconsistent with with the regulation of public information disclosure regulated in the KIP Law, so that the public does not immediately get information on land data which in turn will lead to a lawsuit from the public to the Ministry of Agrarian Affairs and Spatial Planning / BPN at the Information Commission and State Administrative Court. By using the desk study method, this paper will examine the information disclosure arrangements stipulated in the two regulations referred to as well as the conflicts that occur both in the articles of the contents of the regulations and in their implementation practices so that solutions or recommendations will be obtained so that public information disclosure can run properly in Indonesia country.Keywords: public information disclosure, data sharing, land data . Intisari: Setiap warga masyarakat pada hahekatnya adalah berhak untuk tahu mengenai semua kegiatan atau kebijakan yang dilakukan oleh pejabat publik, hal ini selain hak untuk memperoleh informasi itu adalah hak asasi setiap manusia juga sebagai sarana kontrol publik terhadap penyelenggaraan pemerintahan, akan tetapi hak untuk memperoleh informasi ini sering ada kendala baik dari sisi regulasi maupun perilaku petugas publik yang tidak mendukung. Undang Undang Nomor 14 Tahun 2008 (UU KIP) yang mengatur masalah keterbukaan informasi publik dalam pelaksanannya berbenturan dengan Permenagraria/Ka BPN Nomor 3 Tahun 1997, dimana di dalam peraturan Menteri Negara Agraria dimaksud diatur mengenai pembatasan pembatasan dalam memberikan informasi data pertanahan yang seringkali tidak sejalan dengan pengaturan keterbukaan informasi publik yang diatur di dalam UU KIP, sehingga masyarakat tidak serta merta bisa mendapatkan informasi data pertanahan yang pada akhirnya akan memunculkan gugatan dari masyarakat kepada Kementerian Agraria dan Tata Ruang/BPN di Komisi Informasi  dan Pengadilan Tata Usaha Negara. Dengan menggunakan methode desk study tulisan ini akan mengkaji pengaturan keterbukaan informasi yang diatur di dalam kedua peraturan dimaksud serta pertentangan yang terjadi baik di dalam pasal pasal isi peraturan maupun di dalam praktek pelaksanaannya untuk selanjutnya akan diperoleh solusi atau rekomendasi sehingga keterbukaan informasi publik dapat berjalan dengan baik di Negara Indonesia.Kata Kunci: keterbukaan informasi publik, berbagi data, data pertanahan.


2021 ◽  
Vol 2 (2) ◽  
pp. 140-155
Author(s):  
Syifa Maisarah

Amanat Undang-Undang No. 14 Tahun 2008 tentang Keterbukaan Informasi Publik telah mewajibkan setiap badan publik untuk dapat memiliki keterbukaan dalam pelayanan informasi kepada masyarakat. Dengan kehadiran aturan hukum tersebut telah menjamin hak masyarakat untuk memperoleh dan mengakses informasi yang dibutuhkan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan pola pengawasan yang dilakukan oleh Komisi Informasi Aceh (KIA) dalam mewujudkan keterbukaan informasi publik di lingkungan Satuan Kerja Perangkat Aceh (SKPA). Penelitian ini berjenis kualitatif dengan pendekatan deskriptif, informan dalam penelitian ini ditentukan melalui teknik purposive sampling. Teori pengawasan dari Sondang P. Siagian digunakan untuk menganalisis permasalahan. Dari hasil analisis, penulis menilai bahwa pelaksanaan pengawasan KIA terhadap implementasi keterbukaan informasi publik di SKPA telah berjalan dengan efektif. Tinggal mengupayakan bagaimana KIA dapat meningkatan kinerja keterbukaan informasi publik oleh sebagian SKPA yang masih rendah.Mandate of Law No. 14 of 2008 concerning Openness of Public Information has required every public agency to be able to have openness in providing information to the public. The presence of these laws has guaranteed the right of the community to obtain and access the information they need. This study aims to identify and explain the pattern of supervision carried out by the Aceh Information Commission (KIA) in realizing public information disclosure within the Aceh Working Unit (SKPA). This research is a qualitative type with a descriptive approach, the informants in this study were determined through purposive sampling technique. Supervision theory from Sondang P. Siagian is used to analyze the problem. From the results of the analysis, the authors consider that the implementation of MCH supervision on the implementation of public information disclosure in SKPA has been running effectively. It remains only to find out how MCH can improve the performance of public information disclosure by some SKPAs, which are still low.


2018 ◽  
Vol 64 (4) ◽  
pp. 703-716
Author(s):  
Rajvir S. Dhaka

The Right to Information (RTI) Act, 2005, provides for the Constitution of the State Information Commissions (SICs) and the Central Information Commission (CICs) for acting as the final appellate authorities. These Information Commissions have been entrusted with statutory powers while hearing complaints and appeals. These Commissions also enjoy the power to impose penalty and to recommend disciplinary action against the public information officers. Besides, there prevails large-scale confusion in them regarding the contents of Sections 18–20. This has culminated in adverse comments on their decisions by the Supreme Court (SC) and the High Courts (HC). An attempt is being made in this article to evaluate the functioning of these commissions and also about the interpretations given by various High Courts (HCs) and the Supreme Court (SC) about the Constitution, transaction of business and powers of the Information Commissions.


Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 59
Author(s):  
Adam Muhshi

There are two legal issues proposed in this study, inter alia, the nature of the right to public information and state's responsibility for the fulfillment of the right to public information. This study uses legal research with statute and conceptual approaches. The results of this study shows that the right to public information becomes part of the human rights as guaranteed by the 1945 Constitution. Public information has become a logical consequence of the obligation of the state to account for the implementation of its government to the citizens as its main purpose is to ensure the accountability and credibility of public institutions through the provision of information and documents at the public request so that the principle of information disclosure is one component in the realization of good governance. As a constitutional right of citizens, it also shows that ‘a contrario’ the fulfillment of public information is the responsibility of the state. According to this view, the fulfillment of the right to public information is not only related to obligations, but the content must be true and provided openly and honestly. It concludes that the fulfillment of public information conducted openly and honestly will contribute to an attempt to realize good governance Keywords: Human Rights, Public Information, Good Governance


2020 ◽  
Vol 4 (1) ◽  
pp. 112
Author(s):  
Rahmadhona Fitri Helmi ◽  
Karjuni Dt Maani ◽  
Aldri Frinaldi

The ability of the government to provide the availability of information with a variety of infrastructure and adequate content, accompanied by an attitude of openness and adequate mechanisms and procedures will facilitate the public to contribute or participate positively. The provision of information in the government is carried out by Public Information Management Officers (PPID) in each Public Agency. This research was conducted to find out how the understanding of PPID in the West Sumatra Province Tourism Office towards public information disclosure, knowing the meaning of information applicants and knowing the meaning of public information openness by the PPID in the West Sumatra Province Tourism Office. The method used in this study is a qualitative method with a phenomenological approach. The results showed that the understanding of PPID in the West Sumatra Province Tourism Office towards public information disclosure is quite good. The PPID is able to take responsibility for the mandate of Law Number 14 Year 2008 on Public Disclosure of information, which is responsible for storing, documenting and providing public information by supplying public information data available at the West Sumatra Province Tourism Office to the PPID in West Sumatra Province Government. The meaning of information applicants for PPID in the Tourism Office of West Sumatra Province is as a party that must be served and has the right to obtain public information because they are guaranteed by the Public Disclosure of information Law. While the meaning of public information disclosure for PPID in the West Sumatra Province Tourism Office is the guarantee for the public to get information from public agencies. Keywords: Public Information Disclosure Act, Information Public, Officials Manager of Information and Documentation


2020 ◽  
Vol 3 (1) ◽  
pp. 55-66
Author(s):  
Coni Wanprala ◽  
Isnaini Muallidin ◽  
Dewi Sekar Kencono

At present the development of technology and information has reached a very rapid level. Technology and information are used as a service media in the government environment which is also known as e-Government, one of which is the service of public information disclosure. The central government through Law No. 14 of 2008 concerning Openness of Public Information, encourages all Public Agencies including the Sleman Regency Government to make transparency in the administration of the state by utilizing information technology. This research is a qualitative descriptive study which aims to describe the reality that occurs. The object of research in this study is the official website of the Information and Documentation Management Officer (PPID) of Sleman Regency with the domain https://ppid.slemankab.go.id then the Sleman Regency Communication and Informatics Office as the organizer of the public information disclosure program. The data collection technique itself is carried out by means of interviews, documentation studies, and field observations (observations). After collecting and presenting data, then the data will be reduced first then analyzed and concluded. From the results of the study, in general the researchers concluded that the Sleman Regency PPID website had reached the level of qualification to become a quality website, however there were still some improvements and evaluations that had to be done by the relevant agencies in order to be better, namely (i) the website was still being assessed as a one-way service (ii) There are still many OPDs that are not ready to implement PPID (iii) data and information are still not updated (iv) lack of responsiveness of services in requests for information.


2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>


Author(s):  
Alejandro Sáez-Martín ◽  
Arturo Haro-de-Rosario ◽  
Manuela García-Tabuyo ◽  
María Del Carmen Caba-Pérez

The many cases of corruption that have come to light, among other scandals, have led the public to lose faith in the management of public institutions. In order to regain confidence, the government needs to inform its citizens of all its actions. Public information should be accessible and controlled by means of a regulatory framework. The aim of this chapter is to analyze the transparency achieved and the progress still needed to be made by Dominican Republic municipalities with regards to complying with the requirements of the law on public information management. The chapter discusses the voluntary transparency achieved and factors that affect the implementation of information policies. The results highlight deficiencies in certain areas of online public information disclosure. The population size, economic capacity and electoral turnout are all factors that affect the online dissemination of public information by local governments in the Dominican Republic.


2021 ◽  
pp. 128-164
Author(s):  
Joseph D. Kearney ◽  
Thomas W. Merrill

This chapter assesses the implications of natural accretion, unauthorized landfilling, and a legally sanctioned public works project on the neighborhood known today as Streeterville. It illustrates the three periods following the struggle for control of the land of Streeterville: the first was relatively decorous, consisting largely of litigation over rights to land formed by natural accretion, the second was intense and largely extralegal, and the third period was when the wealthy landowners who claimed the land by riparian rights consolidated their control over the area, abetted by construction undertaken by institutions of impeccable social standing, such as Northwestern University. The chapter investigates why it took so long for the struggle over Streeterville to be resolved, arguing resolution came only when the claimants with the most resources started to build substantial structures on the land. It also examines why the filled land in this area of the lakefront is overwhelmingly held in private hands, whereas the land south of the Chicago River, in what is now Grant Park, is public. Ultimately, the chapter reviews how the public trust doctrine was invoked in challenging the artificial filling of submerged land in Streeterville, and analyzes the Illinois Supreme Court decision following the case.


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