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R 101026Z SEP 09
FM AMEMBASSY JAKARTA
TO SECSTATE WASHDC 3285

UNCLAS JAKARTA 001510 
 
 
STATE FOR EAP/PD 
 
E.O. 12958:  N/A 
TAGS: KPAO KDEM ID OPRC
SUBJECT: INDONESIAN STATE SECRECY BILL MAY THREATEN PRESS 
FREEDOM 
 
¶1. (U) SUMMARY:  Respected journalists and media 
advocacy groups have urged Indonesian President 
Susilo     Bambang Yudhoyono to veto the so-called 
state secrecy bill. Articles in the state secrecy 
bill state that journalists who publish information 
the Government of Indonesia deems as a state 
secret can be jailed and fined.  The Ministry of 
Defense and Indonesian lawmakers who support the 
bill are attempting to pass the legislation before 
the end of the current legislative term in late 
September.  Press freedom advocates see the 
legislation as a threat to the press freedoms, and 
to the public's right to information.  If the 
proposed bill passes, it may be seen as a setback to 
Indonesia?s press freedom.    END SUMMARY 
 
ORIGINS OF THE BILL 
 
¶2.  (U) The state secrecy bill defines a state secret 
as any information, or activity that has been officially 
declared confidential by the President, or Ministry 
acting in the authority of the President, and that the 
dissemination of such information could threaten the 
sovereignty of the state. Originally proposed in 1999, 
the bill was meant to protect the country's vital 
strategic information from spies.  Several changes to 
that bill were made after the Ministry of Defense became 
responsible for drafting the state secrecy bill in 2004. 
Violators could face up to twenty years in prison, and a 
maximum $100,000 fine. 
 
¶3.  (U) Press freedom and democracy advocacy groups are 
concerned about the potential passage of the bill. The 
groups accuse Indonesian lawmakers of not carefully 
deliberating the state secrecy bill before legislative 
session ends in September.  As a result of high turnover 
in legislative elections last April, outgoing lawmakers 
have been accused of not considering the ramifications of 
the bill.  Several lawmakers were noticeably absent from 
legislative committee hearings to discuss the bill. 
Press freedom groups remain worried that there are not 
enough lawmakers to oppose passage of the bill. 
 
IMPLICATIONS 
 
¶4.   (U) The implications of the state secrecy bill 
remain ambiguous to many opponents of the bill.  If the 
bill were to pass, press freedom advocates cite 
violations in international transparency agreements 
signed by Indonesia.  Opponents claim that the bill would 
give the Indonesian government the authority to revoke 
media permits charged with revealing state secrets. 
Public information, such as the state budget and defense 
contracts, would be deemed a state secret, thus could be 
ripe for corruption.  Academics assert that the bill is 
inconsistent with the Freedom of Information Law, which 
could implicate researchers and university lecturers if 
they are caught revealing supposed "state secrets." 
Lastly, human rights advocates state that human rights 
violators could escape justice if information pertaining 
to them is classified as a state secret. 
 
BILL LACKS DETAILS 
 
¶5.  (U) The lack of clarity in the proposed legislation 
is a cause of concern among journalists.  The bill does 
not provide adequate disclosure on what exactly is deemed 
a state secret.  As a result, journalists unknowingly 
reporting on sensitive matters may fall prey to threats 
from government officials.  These journalists would face 
prosecution on revealing information that was previously 
deemed a state secret. 
 
DEFENSE MINISTER SUPPORTS THE BILL 
 
¶6.  (U) Working with supporters in the legislature, 
Indonesian Defense Minister Sudarsono is now pressing for 
legislative approval of the bill.  The Defense Minister 
said that such a bill is necessary because sensitive 
information could easily leak onto the Internet, making 
it impossible to protect state secrets.  Minister 
Sudarsono denied that the bill would infringe on press 
freedoms and democracy.  Minister Sudarsono stated that 
the "ambiguity of clauses [in the bill] are the essence 
of democracy because in a democracy, there are many 
interests that need to be served."  Minister Sudarsono 
also stated that the Freedom of Information Law served as 
the basis in drafting the state secrecy bill, and that 
the government was committed to upholding transparency 
and accountability. 
 
¶7.  (U) There is little indication from President 
Yudhoyono on whether he would sign or veto the state 
secrecy bill.  Surprising, the bill did not solicit much 
discussion during the presidential elections in July 2009. 
However, an advisor to President Yudhoyono stated that 
the President would not pressure the lame duck 
legislature to pass the bill before September.  The 
advisor continued that the bill was necessary in order to 
protect Indonesian interests, but it must also adhere 
towards maintaining an open and transparent democracy 
 
¶8.  (U) Many democracy and press freedom organizations 
believe that passage of the state secrecy bill would be a 
step backwards in Indonesia's strengthening democracy 
movement and existing press freedoms.  Disagreements 
within the legislative and executive branches only cloud 
the issue surrounding the bill. If it does pass, 
Indonesian journalists could be denied public information, 
and may be threatened by government official for 
revealing state secrets that were not initially revealed 
as state secrets. 
 
HUME