The Digital Transparency Paradox: Regulatory Ambiguity and Public Information Disputes in Indonesia Sandra Leoni Prakasa Yakub- Fadhila Fitriyadi
Universitas Siliwangi- Badan Pengawas Pemilihan Umum Kabupaten Tasikmalaya
Abstract
Digital transformation has expanded access to public information and reinforced the government transparency agenda. Paradoxically, however, this expansion has also been accompanied by the emergence of public information disputes, indicating that greater transparency does not necessarily ensure legal certainty. Although the literature on public information disclosure, freedom of information, and digital governance has expanded considerably, limited attention has been devoted to examining how normative ambiguity surrounding information exemptions affects the implementation of public information disclosure. This study aims to analyze the relationship between regulatory ambiguity concerning information exemptions, the application of the harm test, and the emergence of public information disputes in Indonesia as a case study of digital governance. The research adopts a socio-legal approach by integrating doctrinal legal analysis of public information disclosure regulations with secondary data analysis of public information dispute decisions issued by the Information Commission. The findings reveal that ambiguous exemption provisions, inconsistent application of the harm test, and divergent interpretations among public institutions create inconsistencies in decision-making regarding information requests, which are associated with the emergence of public information disputes. Based on these findings, the study proposes an analytical framework for understanding the digital transparency paradox by explaining how regulatory ambiguity undermines legal certainty within transparency regimes. The findings advance the scholarship on public information law and digital governance while offering policy implications for strengthening harm test standards, harmonizing regulations, and enhancing the capacity of Public Information and Documentation Officers (PPID) to promote transparent, accountable, and legally certain information governance.
Keywords: digital transparency- public information disclosure- information exemption- public information disputes
Topic: Responsible Governance in the Digital Era: Navigating Transparency, Accountability, and Public Trust (E-Governance- Digital Governance- Transparency- Accountability)
