Freedom of information law in ASEAN : a lesson from Thailand to Indonesia

Abstract

The objective of this thesis is to study the 12 years experiences of using the Freedom of Information Act in Thailand in order that Indonesia can use it as fundamental information before the same act will be effective in 2010. The method of this research involves review of the secondary sources from primarily books, related publications, online documents, as well as in-depth interview with informed respondents. The research finds that in Thailand the idea of using Freedom of Information Act was initiated by the government but the enforcement of the law lacks promoting and educating the public to make successful use of this law. The study finds that the law has its positive aspect, in that it empowers the public and serves as a tool for journalists as well as members of the public to inspect the government functions. However; the long-embedded culture of secrecy and periodic political interferences are found to be a major impediment to a successful enforcement of the law. Meanwhile, unlike Thailand, Indonesia has launched their version of a freedom of information law primarily through the initiative of civil society organizations. A comparison of the two information laws finds differences in detail like types of unrevealed documents, time of processing a complaint, appeal procedures and penalty. The most significant distinction is Information Commission of Indonesia is an independent agency while the Official Information of Thailand is under the government. Factors presented in this thesis could be useful for both Thailand and Indonesia to correct, improve and apply their laws to suit the circumstances.