Analysis of the Decision of the Lampung Provincial Information Commission in the Perspective of Legal Utility

Abstract

This study examines the decisions of the Lampung Provincial Information Commission in resolving public information disputes within the framework of legal utility. The Commission’s main responsibility is to mediate or adjudicate disputes concerning the right to public information in accordance with Law Number 14 of 2008 on Public Information Openness. The era of information transparency provides broad benefits but also creates the potential for misuse by irresponsible individuals or groups. The purpose of this study is to determine whether the principle of legal benefit, alongside justice and legal certainty, has been considered by the Lampung Provincial Commissioners’ Council in deciding cases of public information disputes. Using a normative juridical approach supported by case analysis, the research finds that the Commissioners’ Council has attempted to balance legal certainty, justice, and expediency by objectively assessing the evidence and arguments of both the applicant and the respondent. However, the Council has not yet incorporated consideration of the possible misuse of information, as such matters fall beyond the scope of authority granted by current legislation and Information Commission regulations. The study recommends a revision of the Information Commission’s procedural regulations to include an assessment of the purpose and intent of the information request, ensuring that the principle of legal utility is more comprehensively applied in future adjudications.