PERAN KOMISI INFORMASI PUBLIK DALAM PROSES EKSEKUSI TERHADAP PUTUSAN SENGKETA INFORMASI YANG BERKEKUATAN HUKUM TETAP DALAM TINJAUAN UU NO.14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK

Slamet Haryanto, Kadi Sukarna

Abstract


The community as the users of information has sufficiently important rights
in the context of information disclosure. When the right to obtain information is
inhibited because the public entity or governor is not available in the execution of
the information disclosure management, then public information lawsuit will
emerge in the implementation of the public information disclosure.
The public information lawsuit happens when public entity and the user of
information disputes with something related to the rights to acquire information
and to use information based on legislation. The completion of the lawsuit
through nonlitigation ajudication is the process of the completion of public
information lawsuit. The completion of the information through nonlitigation
ajudication is hopefully able to resolve the dispute fast, low cost, and simple.
The problems in this thesis are: a) how the mechanisms of the settlement of
public information lawsuit in the Information Commission, b) what obstacles and
solutions of the execution implementation of the Information Commission
decisions which have been legally binding.
Answering the problem, research with juridical normative approach method
with analytical descriptive research specification was conducted. The type of data
used in this study is secondary data.
Based on the research that had been conducted, it was found that Public
Information Lawsuit Settlement Procedure, the execution of the decision or the
execution of the Information Commission decision which had been legally
binding was conducted by the competent Court, in the context that the public
information lawsuit settlement was the court within the jurisdiction of the pleated.
In this case if the pleated is State or Government public entity then the court in
question is the Administrative Court of the State, whereas if the execution pleated is a party outside the State or Government public entity then the competent court is the competent District Court.
The execution authority of the Information Commission decision granted to
the State Administrative Court as well as the District Court, causes the
information users to experience the long process of obtaining information which
is their needs or constitutional rights.


Keywords


public information lawsuit; information commission; decision

Full Text:

PDF


DOI: http://dx.doi.org/10.26623/jic.v2i1.546

Refbacks

  • There are currently no refbacks.


  Creative Commons License
This work Ius Contituendum is licensed under a Creative Commons Attribution 4.0 International License.