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3 Indon. L. Rev. 1 (2013)

handle is hein.journals/indolawrev3 and id is 1 raw text is: 






RULES OF GOVERNMENT SECRECY IN THE LAW OF ARCHIVES
                            IN INDONESIA


                          Brian Amy Prastyo1


                                Abstract
   Every government operates secrecy as one of mechanism to protect the
   state, the people, and the assets from threats. There is lack of clarity of
   rules for the secrecy system in Indonesia. Ultimately, there is no uniform
   conception among government officials, because each agency makes its
   own policy and system. This condition brings disadvantage to society,
   because there is no clear guidance on this subject and it will not be
   able to push the government to act more responsible in managing the
   information. The rules about closed archives in Law No. 43 of 2009
   about Archives and the term of security classification that mentioned
   in Government Regulation No. 28 of 2012 about the Implementation
   of Law No. 43 of 2009 about Archives, do not help at all in solving that
   problems. To getthe accountability in the managementof closed archive,
   the government does not have any other option than establishing a set
   of rules that describe a clear secrecy system. The secrecy concept can
   be framed within the concept of records life cycle, in order to be more
   adjustable to the existing system.

   Keywords: information law, governmentsecrecyfreedom ofinformation,
   national archives, security classification


I Introduction

      Secrecy was used to be seen as individual matter. Later, this conception
was applied also in organization. The rationale for the application of secrecy
in organization, according to Fred H. Cate was because organization works
almost similar to individual. He said, organization like individuals, often re-
quire privacy for independence and integrity (organizational autonomy). Or-
ganizational autonomy includes the need for one organization to keep secrets
from another2
      Generally, there are three basic elements in every secrecy system. First,
every secrecy system at least consists of three primary actors, the one who
own the information, the one who keep the information, and the one who does
not have the authority to know the information. Second, every actor is tied
with rights and responsibility. For example, the one who own the informa-

      l Brian Amy Prastyo teaches cyberspace law in University of Indonesia. Critics and supports for
this article can be sent to brian [at] masber [dot] com
      2 Fred H. Cate,(1997). Privacy in Information Age, Brookings Institution, p.2 1.


Year 3 Vol. 1, January - April 2013 m INDONESIA Law Review

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