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RIGHT TO ACCESS INFORMATION IN DECENTRALIZED INDONESIA: A SOCIO-LEGAL INQUIRY Perdana Wiratraman, Herlambang; El Muhtaj, Majda; Kasim, Ifdhal
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0045.16-35

Indonesia is no longer an authoritarian country, and no longer centralized government. Decentralization processes since 1999 has changed local democratization in a wider participation. Nevertheless, the culture of openness and incorrupt have been far from the more ideal situation. Bribery, corruption and unresponsive public services have been continuously and more systematic taking place. In that context, the Government of Indonesia enacted Law No. 14 of 2008 concerning Public Information Openness (Keterbukaan Informasi Publik or called PIO Law), which is implemented since 30 April 2010. The PIO law is believed to contribute to the better decentralization processes and economic-political democratization at local level. Nevertheless, although right to access information was guaranteed by law, but it has been applied in limited process. Such situation actually gives clear evidence that decentralized Indonesia should be questioned, especially in terms of how the right to access information has been applied in a meaningful way after the enactment PIO Law in 2008 and, what the dominant problems in implementing right to access information are. This article will elaborate the norms and practices of PIO Law by using the rule of law point of view.

Does Indonesian COVID-19 Emergency Law Secure Rule of Law and Human Rights? Herlambang Perdana Wiratraman
Journal of Southeast Asian Human Rights Vol 4 No 1 (2020): June 2020
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v4i1.18244

President Joko Widodo announced a public health emergency at the end of March 2020. This policy demonstrates denial, too late and limited in responding to the spread of Covid-19. On the other hand, the state security approach during the pandemic has pressured civil liberties, especially criticisms against government policies. This phenomenon is not a new development in Indonesia whereby attacks on freedom of expression and academic freedom are common. This article analyses how the COVID-19 health emergency situation is handled by the government from the perspective of human rights law standards and the rule of law. This article argues the Indonesian COVID-19 emergency law violates many guarantees of legal protection under the rule of law standard. It is apparent how the issue of human rights has not yet become an effective strategy or approach in this non-natural disaster emergency situation.

DINAMIKA OTONOMI DAERAH DALAM PENGEMBANGAN METODE PARTISIPASI PUBLIK PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN (2) R. Herlambang Perdana Wiratraman
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

This article is taken from the research to study local democracy dynamic in regional autonomy transition, especially after the enactment of Law No. 32 of 2004 concerning on Regional Government and Law No 10 of 2004 concerning on Legislation Making. These laws have influenced the process of public policy making at field. This research analyse the implementation the word ’berhak’ (right to) as stipulated under article 53 of Law No. 10 of 2004. From this point of view, this continues by mapping the development strategy in making legislation at regional level, mainly by searching to what extend public participation processes would contribute at that level. In local political context, the research aims to study how political participation at local level fully involves citizen to take decision, especially connected to: First, economic democracy which is a participatory magement all citizen in productive assets and collective property rights. Second, politic pluralism democracy which is an understanding and sensitivity over pluralistic and locality aspects of the needs and aspirations any citizen in public policy making. The research method uses a non-doctrinal legal research, especially by emplying sociology of law and political economy of law. The result is written in descriptive-analytic model. The research only limits on the development of public participatory method, so then it would have critical points in reforming law and institution, especially to guarantee public participation rights. The recommendations are: First, the needs of key action and more participative for reforming all policies at regional level, by emphasizing through (1) state institution reconstruction which more guarantees citizen political participation; (2) the shifting from ‘top-down’ to ‘bottom up’ processes; (3) the empowerment of people (capacity building) and local institutional strengthening. Second, strengthening legal framework for public participation, either at legislation or regulation levels. The public participation initiative through regional regulation or to improve parliament mechanism order are important to develop public participation methods in local regulation making. Furthermore, The research needs to be followed up by studying deeply about how the legal framework to secure better should be formulated, especialy in responding public participation, either better procedural control or substantial control from public. This research contributes partly in providing possible models and [legal] formulations which are more responsive to the people needs and justice, also to strengthen democratization processes in local governance system.Keywords : Public Participations, Local Autonomy, Local Regulations

IN SEARCH OF CONSTITUTIONALITY: FREEDOM OF EXPRESSION AND INDONESIA’S ANTI-PORNOGRAPHY LAW R. Herlambang Perdana Wiratraman
Yuridika Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012
Publisher : Universitas Airlangga

In 2008 vehement debates about the freedom of expression divided Indonesia, after the government resubmitted a bill for Anti-Pornography to Parliament. The various sides employed all kinds of arguments and perspectives, the main ones being religious versus human rights and pluralism. The main problem of the new law is its vague and very broad definition of pornography, which could threaten women’s rights, cultural expression and press freedom. In the context of democratization in Indonesia post Soeharto, freedom of expression has been progressively promoted, particularly by the adoption of a Constitutional guarantee for freedom of expression. Nevertheless, the constitutionality of freedom of expression still needs to be comprehensively re-explored in order to advance human rights and democracy development.Key words: Anti-Pornography, Freedom of Expression, Human Rights

Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada Herlambang Perdana Wiratraman; Sébastien Lafrance
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

Analisis Relasional Hukum Negara dan Hukum Rakyat dalam Konflik Agraria Bongkoran, Kabupaten Banyuwangi, Jawa Timur, Indonesia Umar Sholahudin; Hotman Siahaan; Herlambang Perdana Wiratraman
Society Vol 8 No 2 (2020): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v8i2.195

Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.

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