The Authority of Indonesia's Information Commission to Review National Defense and Security Information Exemptions: A Public Accountability Perspective

Public information disclosure is a fundamental principle of a democratic state, intended to guarantee the public’s right to access information and promote accountability in government administration. This principle is regulated under Law Number 14 of 2008 concerning Public Information Disclosure, which requires public bodies to provide access to public information. Nevertheless, the law also establishes exceptions for certain categories of information, including information relating to national defense and security. In practice, the boundary between information that must remain confidential to protect national security and information that serves a legitimate public interest is often unclear. This condition may lead to information disputes and create opportunities for public bodies to interpret information exemptions excessively. This study aims to analyze the authority of the Information Commission to examine exempted public information relating to national defense and security and to formulate a model for strengthening that authority to ensure information disclosure and public accountability. This research employs a normative legal method using statutory and conceptual approaches through an examination of legislation, legal doctrines, and relevant literature on public information disclosure and defense law. The findings indicate that strengthening the Information Commission’s authority requires improvements to the classification system for defense information, reinforcement of harm and public interest tests, the implementation of closed examination procedures, and greater transparency regarding defense policy information that does not concern operational matters. These measures are expected to establish a more proportionate balance between protecting national security interests and safeguarding the public’s right to information within a democratic system of government.