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Newsletter Open Contracting 1
The Long Road to Open Contract
and Permit in Indonesia
Indonesian One-Data Policy Encourages
Open and Accountable Government
to The Public
Meliana Lumbantoruan & Wicitra | Page 2
Media Coverage
West Nusa Tenggara Opens Information
Channels According to Authority
Page 18
Media Coverage
Guarding the Disclosure of Information
System of Integrated Health Service Post
(SIPsyandu), NTB Care & West Nusa Tenggara
One Data (NTB One Data)
Page 20
Becoming an Activist, a Story of a Former
Illegal Miner Participate in Monitoring Ille-
gal Mining Activities
Meliana Lumbantoruan | Page 5
The Long Road to Open Contract and Permit
in Indonesia
Meliana Lumbantoruan | Page 13
One Data Policy in The Pandemic Era:
Story from West Nusa Tenggara
and Semarang Provinces
Meliana Lumbantoruan | Page 9
Newsletter
Open Contracting
Series July 2020
2 Newsletter Open Contracting
By: Meliana Lumbantoruan & Wicitra
The principle of openness in running the govern-
ment is needed to realize a participatory gov-
ernment where people can actively participate in
overseeing policy implementation. To support this,
the Government of Indonesia has committed to
use the principle of public information disclosure,
which is shown through Law No. 14/2008. More-
over, Indonesia had participated in Open Govern-
ment Partnership (OGP) which has 78-member
countries which Indonesia is one of the pioneers
of OGP, as well as Presidential Decree No.39/2019
on Satu Data (One Data) Indonesia.
Dr. Ir. Taufik Hanafi, MUP, deputy of the Monitor-
ing, Evaluation and Development of The Ministry
of National Development Planning/Bappenas stat-
ed that “evidence-based policy is a must, Public
wants to know how policy is prepared. A devel-
oped country is having a greater task to make a
detailed accountability report which is every one
Indonesian One-Data Policy Encourages
Open and Accountable Government
to The Public
Illustrasi: http://lombokita.com/warga-pohgading-demo-kadesnya-soal-penolakan-pasir-besi/
Newsletter Open Contracting 3
cent of public spending should have accountabili-
ty”. This was conveyed at a Public Discussion titled
Implementation of One Data Policy in Encouraging
Open Government which held by the collaboration
of PWYP Indonesia with Secretariat of Open Gov-
ernment Indonesia (OGI) in Jakarta, February 25,
2020.
Taufik Hanafi as the keynote speaker in the dis-
cussion explained that Indonesia is the type of
country that opens to data. It was shown through
“Esther Duflo, The Nobel Prize winner for the econ-
omy in 2010, took Indonesia as the location of her
research and she took a lot of data from Bappenas
and BPS. This shows that Indonesia is open to data
especially for research/study purposes”, he said.
Taufik Hanafi also said that “One data policy could
not stand alone. The purpose of one data is to
support good RPJMN. The process is starting with
preparation, planning, implementation, monitoring,
and evaluation. It is all inseparable from one data
and one map,” said Taufik. 
One data shows the importance of quality and
credible information that is easily accessible to the
public. One of the things that are regulated in one
data is data governance. Some important princi-
ples in one-data are there must be a data stand-
ard, metadata, and data interoperability (data can
be shared among other institutions). Also besides,
standardization of data is crucial, so in the future,
capacity building is needed not only for the gov-
ernment but also for non-governmental organiza-
tion to produce more accurate data.
Maharani Putri from the national secretariat of
OGI, revealed several examples of good open gov-
ernment practices in several countries. For exam-
ple, Brazil and South Korea. “In Brazil, communi-
ty participation has an impact on reducing infant
mortality and improving sanitation services. While
in South Korea, the implementation of an online
assessment menu on PAM water consumption has
caused water consumption to rise 20% due to in-
creased public confidence in water companies”.  In
addition, according to her, local governments are
also already aware enough about one-data. “One
of the commitments to open government, Indone-
sia is doing pilot projects about open government
in five provinces, District/City, namely Bojonegoro,
Aceh, DKI Jakarta, Bandung, and Semarang. The
actions that have been carried out relating to open
data which aim to strengthen public service, in-
crease information disclosure and strengthen data
governance. The government will continue to en-
courage open government practices at national
and sub national levels, “she said.
At the end of 2019, the Ministry of Maritime Affairs
and Fisheries (KKP) received an award as an In-
formative Public Agency from Central Information
Commission because it was considered to have
successfully provided information to the public
transparently related to programs and strategic
policies in the marine and fisheries sector to the
public.
Rennisca Ray Damayanti, Head of Statistics Data
– Pusdatin KKP who was also present as speak-
4 Newsletter Open Contracting
er in this public discussion said that “public data
and information in the marine and fisheries sector
are prepared based on data standard principles.
For example, the units in the questionnaire must
be zero different, data are equipped with metada-
ta standard, meets the principle of interoperabili-
ty and uses reference codes and/or master data.
This data is useful for data alignment in the marine
and fisheries sector like data about the origin of
fishing or fish export destinations. On the other
hand, the KKP also rationalized the data collection
system by simplifying the amount of application
from previously having 299 now to 19 applications.
Effective steps and achievements were obtained
by the KKP because it had built one-data even be-
fore enactment related presidential regulation. 
In the public discussion, Agus Cahyono Adi, the
Head of Pusdatin of the Ministry of Energy and
Mineral Resources (ESDM), familiarly called Mr.
Aca, mentioned that “Leadership is needed to im-
plement one data”. He said, “Ministry of Energy
and Mineral Resources also copied KKP applica-
tions such as e-performance and Budget Realiza-
tion Monitoring Application (Amora). On the other
hand, ESDM also has standard as a licensing ap-
plication that has a business entity database like
a company record, production report, and so on”.
Furthermore, he also stated that implementation
one-data in ESDM had not yet been completed,
because he thinks it is not easy to manage a large
number of business entities ‘ESDM has introduced
Single Source of Truth (SSOT), builds and sets
where the data source is. If data is entered, we will
verify it and if something goes wrong we returned.
The purpose of that process is to synchronize data
between the company and ESDM, and this time
the data already synchronize. These benefits are
related to accountability,” he concluded.
Maryati Abdullah as National Coordinator of PWYP
Indonesia emphasized that the challenge of im-
plementing One Data in Indonesia is how to carry
out continuity and upgrade data that has a good
impact on state revenue and also what we need
to emphasized that the definition of a non-state
actor is not the only NGO but it has wider scope
including entrepreneurs that supposed to become
a partner in developing this one-data policy.
In line with the implementation of open data,
one-data and open government, Maryati contin-
ued, Indonesia must encourage the data protec-
tion act policy for preventing our private data as
citizens misused by a certain party that related to
data and information abused. Presidential regu-
lation on One Data has provided institutionaliza-
tion for evidence-based policy. This one-data and
open government movement is a gate and a good
platform from the collaboration between parties to
support the achievement of sustainable develop-
ment.
Newsletter Open Contracting 5
By: Meliana Lumbantoruan
Becoming an Activist, a Story of a Former
Illegal Miner Participate in Monitoring
Illegal Mining Activities
Novi, not her real name, was an illegal miner.
Now, she is surprisingly interested in participat-
ing in overseeing mining activities around where
she lives, in Central Lombok Regency, West Nusa
Tenggara Province (NTB).
Novi’s ex-husband had a one-hectare hilly land
near their home. In 2012, he decided to clear the
land. He planned to turn the land into a paddy
field. Hence cut down all the trees there. He of-
fered everyone, including pottery and clay roof tile
business owners, to excavate the hilly land and
buy the dirt and clay. Novi said, if they didn’t do
6 Newsletter Open Contracting
that, “the irrigation water would not be able to wa-
ter down the paddy field.”
“Besides, the demand for dirt and clay were high. It
is for making red bricks,” she added. Novi and her
ex-husband received IDR 25,000, or approximately
USD 2.5 at that time, for one truckload of dirt.
In the village where Novi used to live, there were a
dozen illegal miners. They mined dirt, sand, rocks,
and clay. Three to five dump trucks carrying those
mining products went in and out of the village
every day and damaged the road.
Some neighbors had confronted Novi’s ex-hus-
band for the damage caused and asked him to
stop the mining activities. Novi said, her ex-hus-
band responded to the complaints, saying that the
land is his therefore he has the right to do whatev-
er he wants with it.
Novi did not fully support the illegal mining activi-
ties. Since they cut down the trees and mined the
land, the well in her house was always dry during
the dry season. She admitted, it never happened
before. Yet, she never complained or shared her
concern with her ex-husband. “It was not my land
after all. I had no right. So, I just followed my ex’s
will,” she revealed.
The mining activities stopped in 2014, after the
hillocks in the land was leveled. In two years of
mining, only a few people dared to complain di-
rectly to Novi’s ex-husband for the damaged road.
She said, he was a respected man in the village.
Those who were reluctant to protest to the ex-hus-
band would express their objections to Novi. “I told
them not to nag to me but my husband. I had no
right and power to stop it [the mining activities].”
Monitoring Mining Operations
Novi is a social science teacher in a junior and sen-
ior high school in Central Lombok Regency. She
is also a member of the Village Community Forum
and a human development cadre in the village
where she currently lives.
Novi started her journey monitoring mining op-
erations in Central Lombok after participating
in the Training on Mining Activity Monitoring for
the Community in West Nusa Tenggara Province
organized by the Transparency Society of West
Nusa Tenggara (SOMASI NTB) and Publish What
You Pay (PWYP) Indonesia on 21 November 2019.
Riding a motorbike with her friend, Novi visited
seven mining locations at different times, from 29
November to 1 December 2019.
Newsletter Open Contracting 7
Meliana Lumbantoruan, Knowledge and Research Manager at PWYP Indonesia, and Dwi Ariesanto,
Coordinator of SOMASI NTB, give information on mining documents to the participants of Mining Ac-
tivity Monitoring Training for Citizens on 21 November 2019 in Mataram, West Nusa Tenggara Province.
Photo: SOMASI NTB.
What encourages her to oversee mining activities
is her curiosity to understand the impact of mining
on people’s lives, if it gives benefits to the people
or the opposite. As a human development cadre,
she also wants to know how the activities affect
the children’s growth and development who live
near mining areas. Moreover, she wants to see
mining activities and environmental damages it
creates with her own eyes.
Novi was sad when she witnessed the environ-
mental damage near the mining areas she visited.
Based on her observations, half of Mount Prabu,
illegal gold mining in Pujut Sub-district, Central
Lombok Regency, is barren and has no trees. In
another location, in Pringrata Sub-district, Novi
found sand and gravel quarries near a residential
area. She spotted numerous heavy equipment to
excavate the sand and dig out the pumice in the
area. She also saw several mining pits with 20 me-
ters depth (approximately).
She did not face significant challenges while mon-
itoring mining operations. She visited the mining
8 Newsletter Open Contracting
locations in the morning when no one was there
to be freer to observe the area. However, there
was a time when some locals in Patre, West Praya
Sub-disctrict approached her and asked why she
came. “People living near the mining area are more
suspicious of strangers. To avoid their suspicion,
I told the locals that I wanted to buy gravels and
resell them. And, I didn’t take any pictures there,”
she recalled.
Novi has no problem riding her motorbike by her-
self for tens of kilometers to monitor mining op-
erations. She has no plan to stop yet. She hopes,
the local government would follow up her findings
and be more active in conducting the monitor-
ing, including investigating if there is any quarry
is located close to residential areas or other pub-
lic facilities. She urges the government to find out
whether the citizens understand the negative im-
pact of mining or not. The government must also
be more firm in cracking down on the violations.
“If we don’t do anything, what about our future
generations, our children and grandchildren? They
won’t be able to have and enjoy a healthy environ-
ment and beautiful nature if we keep exploiting it,”
she asserted.
Newsletter Open Contracting 9
By: Meliana Lumbantoruan
One Data Policy in The Pandemic Era:
Story from West Nusa Tenggara
and Semarang Provinces
In early March 2020, President Joko Widodo had
officially announced that there are Indonesian cit-
izens who have been infected the Corona Virus or
Covid-19 which shocked the government and the
public. Day by day infected people are increasing,
hence the government declared national emer-
gency status to control the disease from local to
national level. Several local governments enact-
ed Large Scale Social Restriction which known as
PSBB and also several other policies have been
adapted to adjust local wisdom and people’s con-
dition in one region.
Besides controlling the virus outbreak, the gov-
ernment facing other obstacles. PSBB and simi-
lar policies have been giving many impacts. One
of them is microeconomics and macroeconomic
crises. Moreover, hoax news and inaccurate data
also increasing public panic.
10 Newsletter Open Contracting
The obstacle of Covid-19 disease needs synergy
from many parties and cross-sector. To remind
the impact from that outbreak is not only from the
health sector but also from other sectors. There-
fore, it is important to the government to provide
quick, transparent, holistic, update, and accurate
information hence every policy that will be made
by the government will be accepted by the public.
One of the important things to be concerned by
the government is how to make policy that is re-
lated to public response and needs. Therefore, the
government’s policy is capable of accommodating
people’s input efficiently and effectively.
In this condition, One Data Policy is an important
element that could be used to control and han-
dling the COVID-19. With one data, information to
handle the pandemic and its impact could be more
accurate and informative. Therefore, public partic-
ipation will increase and, in the end, it will create
an accountable government.
Related to that, on 23 April of 2020, Publish What
You Pay Indonesia held the online discussion with
the Local Government of Semarang City and West
Nusa Tenggara (NTB) Province. That discussion is
purposed to dig what policy that has been used
by these two government to cure the problem of
COVID 19 and its impact, especially related to how
the they distribute quick and accurate data and
information to the public. On that discussion, Mr.
Bambang Pramusinto as Head of Communication
and Information, Statistic of Semarang Province,
and Mr. I Gede Putu Aryadi as Head of Commu-
nication and Information, Statistic of West Nusa
Tenggara Province were presented as speaker.
At the beginning of the discussion, each local
government explains the update condition of the
COVID 19 outbreak in their regions and what policy
is chosen to speed up the handling of Covid-19.
Both Semarang and NTB have not yet adopted the
PSBB policy, and currently, the local government is
focusing on tracking vulnerable spots and areas, as
well as the cluster spread of the Covid-19 virus in
their area. This is an important matter for the gov-
ernment to focus on the handling of the outbreak.
Regarding the policy of information dissemination
to the public, the West Nusa Tenggara Provincial
Government and the Semarang City government
already have a portal related to Covid-19, which
aims to facilitate the public in accessing updated,
accurate and valid information.
I Gede Putu Arya-
di, said that “The West Nusa Tenggara Provincial
Government has created a special portal to control
covid-19, namely corona.ntbprov.go.id. The portal
contains information related to positive cases and
the distribution of covid-19 which is updated reg-
ularly and presented with data disaggregated by
age and sex” Gede said. This sorting data related
to age and sex is important because it provides in-
formation on how individual the level of a vulnera-
bility is, whether more is the age group of children,
or the elderly, or more vulnerable men or women,
and so forth.
Newsletter Open Contracting 11
Image Source: Covid-19 Information Portal of NTB Province (corona.ntbprov.go.id)
Covid-19 Pandemic not only has an impact on
the health problem, but also affected the econo-
my, both in macro and microeconomic. Therefore
covid-19 pandemic data that has been collected
is used by the provincial government to control
those problems. “West Nusa Tenggara Provincial
Government is ensuring and stimulating economic
activity by stimulating small and medium enter-
prises to produce face mask and others that will
give to the public as social assistance”, Gede Said.
Semarang provincial government also has a por-
tal that provides covid-19 information that can be
accessed through https://siagacorona.semarang-
kota.go.id/. “This portal provides updated infor-
mation about positive case data and several forms
of newcomer report, patient referral health facility
data, assistance data, volunteer lists, availability of
medical devices, and other information about the
pandemic covid-19 in Semarang City, “Bambang
Pramusinto said.
12 Newsletter Open Contracting
Image: Portal Informasi Covid-19 Kota Semarang https://siagacorona.semarangkota.go.id/
As there is in West Nusa Tenggara Province, Se-
marang City Government also realizes beside the
health aspect, the economic aspect is one of the
things that must be addressed and handled by
the government. The Semarang City Government
has provided several assistance frameworks using
both the local budget and donors.
Management of this assistance is done transpar-
ently through the Covid-19 information portal as
well. Bambang stressed that “Lately news is rife
in various regions discussing issues related to
social assistance to the community, to anticipate
this, the Semarang City Government will prioritize
transparency related to aid data to the public so
that the Semarang City Government presents the
aid data feature in the Corona Standby Portal”. It is
expected that these features will minimize public
complaints.
Public needs valid and accurate data and informa-
tion. Therefore, local government must act quickly
to provide data for the public. Another side, the
public should support the government by follow-
ing all the rules and advice from the government
to control covid-19. Therefore, the acceleration
of controlling the Covid-19 pandemic is not just a
slogan, but it can be truly realized by the collabo-
ration of all parties.
Newsletter Open Contracting 13
By: Meliana Lumbantoruan
The Long Road to Open Contract
and Permit in Indonesia
Open contracts and permits still debate. Some
people argue that contracts and permits should be
opened to the public or vice versa.
Open contract in extractive industry sector has
been widely voiced in various global initiatives
such as Extractive Industry Transparency Initiative
(EITI) and Open Government Partnership (OGP),
and Indonesia is being a member in that initiatives.
Besides that, Law Number 14 of 2009 on Public
Information Disclosure clearly said that the imple-
mentation of that is conducted by the public bod-
ies from local and national. But, the mandate from
that law is not going optimal.
Public Information Disclosure Law explicitly said
that contract and permit documents are open in-
formation. But, on a practical level, the public still
hard to see the contract and permit documents.
Hence, public information disclosure policy in the
mining sector is important to be encouraged. Be-
sides increasing transparency and improving ex-
tractive governance, also increasing public trust to
state on manage natural resources. Transparen-
cy and accountability are one of ‘social license to
operate’ standards for economic activity, include
natural resources sector industry.
Publish What You Pay (PWYP) Indonesia, as civ-
il coalition who concerns guarding EITI standard
Photo: pixabay.com
14 Newsletter Open Contracting
to encourage transparency and accountability at
the extractive industry, had been arranged several
topics for open contract and permit studies such
legal/regulation framework, open contracting in-
clude EITI Global initiative, beneficial ownership,
an empirical study on information access in the
local level.
On Wednesday, June 30, 2020. PWYP Indonesia
arranges public discussion with the title “Open
Contracting and Permit in Indonesia: Legal Frame-
work, EITI Implementation, Beneficial Ownership,
Open contracting practice in the local area”. The
purpose of the discussion is to disseminate re-
search and getting public input at once provid-
ing their awareness of the essentials of open
contracting for public rights on natural resources
management.
Researchers attended the discussion and became
speaker to show their research results. The speak-
ers were Dessy Eko Prayitno, Giri Ahmad Taufik,
Choky Ramadhan, and Triono Hadi, at the same
time the moderator is Meliana Lumbantoruan and
the panelists are M. Syahyan from Central Infor-
mation Commission and Maryati Abdullah from
PWYP Indonesia.
Legal Framework of Open Contracting in Indonesia
Article 33 section (3) of the 1945 constitution of
the republic Indonesia explicitly said that all the
natural resources are controlled by the state and
used to public prosperity. Extractive industries
such as oil & gas, and mineral and coal mining
have high risk, high technology, and high cost so
that the industry needs investor collaboration who
has big capital and competitive technology. One
of collaboration form is a contract system Dessy
Eko Prayitno said that “Government confused to
open contract document because it could not un-
derstand clearly about open contract legal frame-
work in Indonesia, also the doubt to fulfill public or
investor interest”.
Open Contracting on natural resource manage-
ment in Indonesia could be seen in these perspec-
tives: First, as government responsibility to do the
mandate on managing the country’s natural re-
sources. Second, creating room for participation
public to manage the natural resource as in 1945
constitution of republic Indonesia article 33 sec-
tion 3. Third to implement Public Information Dis-
closure Law Fourth to implement Law Number 30
of 2014 on Government Administration, especially
human rights, the principle of good governance
Law Number 30/2014 especially on the principles
of benefit, impartiality, rigor, disclosure, and the
principle of public interest.
Dessy Eko also said that “Open contracting on
natural resources in Indonesia is a form of gov-
ernment responsibility on 1945 constitution of re-
public Indonesia on article 33 section 3, related to
Human Rights Law, environmental protection and
management (PPLH)”. She said.
Newsletter Open Contracting 15
Diagram 1. Legal Framework of Open Contracting of Oil & Gas and Mineral & Coal Mining in Indonesia
Open Contracting and EITI Standard
As it is explained before, Indonesia commits to in-
ternational to open contracting. Its commitment is
related to Indonesia as a member of EITI which is
a global initiative on transparency at the extractive
sector. Even though open contracting has been
started since 2013, at first it is only a form of sug-
gestion. But, in the 2019 EITI Standard, open con-
tracting is required for all of the member countries
include Indonesia.
16 Newsletter Open Contracting
Diagram 2: EITI Standards of 2013,2016 & 2019
In requirement 2.4, 2019 EITI Standard, open
contracting requirement for member countries is
agreed to apply on January 1, 2021. But, members
are suggested to open and publish contract that
has been existed before 2021” Triono Hadi said in
that discussion. Coordinator of Fitra Riau also said
that “Beside legal framework for open contracting
at the national level which is clear and regulated in
the Law and its derivatives, the commitment of the
Indonesian government as a member of the EITI
can also be used as a strong legal framework for
implementing open contracting in Indonesia”. He
said.
Even though there are many opportunities
to support the government to implement the 2019
EITI Standard on open contracting and transpar-
ency in public procurement but they are still facing
many obstacles (Ministry of Energy and Mineral
Resources) hence there are no contracts or permit
that is accessible for the public.
Open Contracting and Beneficial Ownership Transparency
Open contracting and beneficial ownership trans-
parency are two forms of transparency from com-
panies. It is very important as steps to prevent
corruption, money laundering, tax compliance,
and other criminal acts. As an EITI member coun-
try that will implement open contracting standards
and also as a FATF member who also applies the
open beneficial ownership clause, Indonesia has
an important role. Moreover, Indonesia already has
a Presidential Regulation that mandates the imple-
mentation of these two initiatives.
Choky Ramadhan said that “Open contracting and
beneficial ownership transparency are two in-
itiatives that can be linked and will have a more
meaningful impact on each other. Both of these in-
itiatives aim to reduce the potential for corruption,
especially in public procurement and permit.”
Choky also said that “The combination of initi-
ative on open contracting and beneficial owner-
Newsletter Open Contracting 17
ship transparency is beneficial to further increase
transparency, supervision/public participation, the
quality of the process, and results of public pro-
curement. The implementation of both simultane-
ously can prevent the selection of corporations
that have the potential to have conflicts of interest,
monopolize, and /or manage illicit financial flows in
public procurement”.
The result of the research said that there are at
least 2 schemes for applying open contracting by
linking to beneficial ownership transparency, that
is to say:
First, transparency of company informa-
tion, its data could be received from register data
or portal as part of the steps to a company that in-
terests to join the procurement. Participants could
fill its identity and beneficial ownership so that
company data could be linked and compared to its
beneficial ownership information.
Second, the correlation between open contracting
and beneficial ownership transparency by requir-
ing companies that will participate in public pro-
curement tenders to open their beneficial own-
ership. This aims to identify potential conflicts of
interest, prevent collusion between related com-
panies, create healthy competition between com-
panies, and guarantee complete information relat-
ed to the beneficial owner of state funds.
The government has to implement open contract-
ing as a step to create good governance of natural
resources.
18 Newsletter Open Contracting
West Nusa Tenggara Opens Information
Channels According to Authority
To carry out information services, it must be un-
derstood and assured about the authority of the
information that is managed. Is this information
managed by the region or is owned by a company
or is it personal information? So, these considera-
tions are the basis of applicant information to the
information manager or public body. This was con-
veyed by the Head of t Communication and Infor-
mation Agency of West Nusa Tenggara Province,
I Gede Putu Aryadi, when he attended the Public
Discussion on Open Contracting and Permit in the
Regions, Tuesday (7/7/2020) at his office, Com-
munication, Information, and Statistics Agency of
West Nusa Tenggara Province.
“This is must be our concern together with both
the information applicant or the information ser-
vice provider,” said the former Head of Public Re-
lations of the Bima Regency Government.
According to him, West Nusa Tenggara Province
did not make or stipulate a governor’s regulation
regarding excluded information. But they issue
Governor Regulation Number 11 of 2020 on Guide-
lines of consequences testing of public informa-
tion. “That’s what we made,” he said.
Furthermore, Mr. De, his nickname, added that all
public information is open but needs to be consid-
ered in the process of daily life, some things must
be excluded.
Even excluded information also has a retention pe-
riod. Especially when this era is fast changing. It is
not possible to keep exclude information forever.
Media Coverage
Newsletter Open Contracting 19
“There is information that we exclude today, we
open tomorrow, if we specify it in a decree, it
might be very troublesome to administer, this is
the guideline,” said Gede.
This is a consideration, why West Nusa Tenggara
not specifically make a list of excluded information.
Besides, in Law Number 14 Article 17, he admitted
it will emerge various interpretations because the
sound of the article will be adjusted to the actual
conditions in the field.
He added, Sometimes, open public information,
due to local situations, if it jeopardizes security
such as causing horizontal or vertical conflicts in
the community, must be postponed or excluded.
“These are local wisdom considerations, as well as
different regional conditions, which must be con-
sidered legal,” said Kadis.
There are considerations of the benefits and its
disadvantages for the community when govern-
ment want to open data for public information,
said Gede. Although this information is excluded,
if it is in the public interest, it must be disclosed.
Besides that, the main obstacle in the mining in-
formation sector in West Nusa Tenggara is the
transfer of authority. Which was originally from the
Regency to the Province.
Mining information, West Nusa Tenggara Provin-
cial Government opens the widest information
tap on the West Nusa Tenggara One Data portal.
“Gradually, this information and data will contin-
ue to be improved and updated,” said the former
Special Assistant Inspector of West Nusa Tengga-
ra Province.
In this era of public disclosure, innovation must
follow the changing times. Society has begun to
need digital information. “This is what we are con-
tinuing to push in West Nusa Tenggara, we have
West Nusa Tenggara/NTB Care channel com-
plaints even real-time information requests,” Gede
said. Meanwhile, Chairman of West Nusa Tenggara
Somasi, Dwi Arie Santo said that in the West Nusa
Tenggara Province, Capital Investment and One-
Stop Integrated Service and the Agency of Energy
and Mineral Resources have documents that are
related to the mining sector
According to him, the results of discussions and
findings in these 2 regional instruments, when
the process of accessing documents from pub-
lic agencies, responds very slowly. Even the re-
sponse occurred when the letter of objection was
posted. Meanwhile, ideally 10 working days they
should answer according to the Information Com-
mission Regulation on information service.
“But during the 10 working days, we did not get
an answer. This practice happens a lot, “he said.
But he continued, after the objection, the docu-
ments requested were only given a list of compa-
ny names. The reason is that public agencies have
difficulty gathering information in districts/cities.
He expects in the future, public bodies must have
a concern to respond and prepare public informa-
tion which is the authority of the community.
20 Newsletter Open Contracting
Guarding the Disclosure of Information
System of Integrated Health Service Post
(SIPsyandu), NTB Care & West Nusa
Tenggara One Data (NTB One Data)
Media Coverage
Open government is certainly a bureaucratic pos-
ture that is always active and responsive to the as-
pirations and needs of the people. It appears sim-
ple, faster to appear in front, knowing, listening,
and could feel what the problems that are public
facing. That is the personification of the leader
and government figure who have the spirit to hon-
est and serve.
Realizing open government is not an easy job. Be-
side it needs the commitment and service based
The Virtual Discussion was also attended by the
Director of the State Apparatus Empowerment and
Bureaucratic Reform Ministry and Ministry of Na-
tional Development Planning, Chief Executive of
the Information and Documentation Management
officer of Aceh Province, Head of Data and Infor-
mation Centre of Ministry of Energy and Mineral
Resources, and NGOs such as Fitra East Java,
LPAD Riau, West Sumatra Qbar, Aceh Movement.
Guided by Meliana Lumbantoruan, Program Man-
ager of PWYP Indonesia.
(Published on media pusaranntb.com, on July 7, 2020)
Newsletter Open Contracting 21
on sincerity and honesty, data and information
support is also needed that is valid, complete, and
accurate and presented in a timely manner so as
to be able to answer the needs of the public.
Hence an important instrument to achieve open
government is data and information. At the na-
tional level, the President has issued Presidential
Regulation Number 39 of 2019 on Indonesian One
Data (SDI). His enthusiasm is the harmonization of
data obtained from each ministry/institution and
local government to the village so that the infor-
mation is more accurate, current, integrated, ac-
countable, accessible, and easily shared.
Compared to the national level, West Nusa Teng-
gara Care is one step ahead. Long before Presi-
dential Regulation Number 39 was published, the
government of Governor Dr. Zul-Umi Rohmi has
been created the Regional Regulation on 2019-
2023 on Medium-Term Development Plan of West
Nusa Tenggara by forming “West Nusa Tenggara
One Data” as one of the regional flagship program
and its province also won the highest title as a na-
tional informative public body in 2019.
This achievement is received because of the high
commitment of disclosure from regional leaders,
supported by the provision of information systems
that can accommodate various complaints, so-
cio-economic, and legal problems that the com-
munity could complain to the Governor of West
Nusa Tenggara, through the “NTB (West Nusa
Tenggara) Care” Application. There is also SIPyan-
du that is used to record all data/activities from
the family in each village. So, from the recapitula-
tion of the data, the regional government can find
out the actual program conditions and needs that
the community needs to overcome the problem.
To support the integration of this flagship pro-
gram, West Nusa Tenggara Regional Government
also has a regulatory instrument in the form of Re-
gional Regulation Number 3 of 2018 on electronic
system-based governance.
Not only that, the West Nusa Tenggara Gover-
nor and his staffs also continue to open dialogue
space with the people without barriers, both direct
and online communication, by opening all availa-
ble channels of public communication, including
through social media.
NTB One Data can be accessed through the por-
tal: data.ntbprov.go.id. Inside, 1,060 types of sec-
toral statistical data have been presented which
consists of economic, socio-cultural, and regional
infrastructure data. Starting from data for regional
development planning and key sectoral statistical
indicators (KOR) to all data related to the adminis-
tration of government affairs which are under the
coordination and responsibility of local govern-
ment agencies.
Indeed, admittedly, the statistical data presented in
this public space, have not fully been able to meet
the needs of data users. There are still differences
in data, both between local government agencies
at the provincial level and between provinces and
districts/cities to villages. Even though the type of
data is almost the same and interrelated. For ex-
ample, data on poor citizens, migrant workers with
social problems, data on business profiles of Vil-
22 Newsletter Open Contracting
lage Owned Enterprises, data on agricultural land
area, data on agricultural production, livestock ar-
eas, number of tourist visits, slums, poor people,
etc. body in 2019.
The problem of differences in data and information
is very possible and could occur because, First,
there is difference in the method of data collection
or metadata.
Second, triggered by the absence of synchroniza-
tion of data between levels of government and the
establishment of institutions responsible for data,
specifically related to one type of data handled by
various institutions. So far, each institution tends
to use its own version of the data, even though it is
related to handling the same program. For exam-
ple, the problem of poverty and health.
Third, the unavailability of integrated data col-
lection technology or information systems to the
forefront of government. So now the existence of
data is still scattered and difficult to obtain. Portal
of NTB One data, not yet integrated or connected
with one regency/city-data.
Fourth, partnerships have not yet been estab-
lished between provinces, districts/cities, and vil-
lages. Even though most of the existence of data
related to socio-economic services and basic in-
frastructure is under the control of regency/city
and village governments.
Steps to Accelerate Open Government
One of the spirits of Open Government Partnership
(OGP) action in West Nusa Tenggara is to encour-
age improvement in the quality of public services,
encourage E-Government which is possible be-
cause of the existence of one data to encourage
transparency and accountability. One data policy
is one of the efforts to encourage transparency
and accountability of regional government.
There are three breakthroughs to accelerate the
realization of West Nusa Tenggara/NTB One data,
namely:
First, an application has been developed called
“Rudats” (home of sectoral statistical data). The
function of that application as technology is syn-
chronizing sectoral statistical data from Regency /
City to NTB One Data portal where management
officers from each region are inputting data that
has been validated to the Rudats Application that
is connected and integrated into the NTB One
Data Portal. This application was developed by the
Head of Statistics West Nusa Tenggara.
Second, it is important to establish cooperation to
involve the village government as the front guard
in the process of collecting and validating data/in-
formation at the village level. This engagement is
important because these officials know concretely
the data and the real conditions and needs of the
people.
Third, encourage the formation of district/city lev-
el data forums and actively conduct coaching.
Fourth, using the SIPyandu as a means of collect-
ing data and information directly from the commu-
Newsletter Open Contracting 23
nity that involves the community itself to realize
truly objective data or data integrity.
Until June 2020, 1,514 Integrated Health Service
Post was formed from 7,286 units that spread
throughout remote villages in West Nusa Teng-
gara and supported by 26,000 trained Integrated
Health Service Post cadres plus assistants from
each village.
These village cadres and assistants will input data
and various information from villages and into the
SIPyandu application, and after an adequate val-
idation process, the data is integrated with the
NTB one data portal.
The flagship program for revitalization Integrated
Health Service Post is expressed as an effective
medium for the community to sit together to solve
various problems. Because the service at the In-
tegrated Health Service Post is not only related to
the health of the mother and child routinely every
month but it also covers 5 main programs (moth-
er and child health, family planning, immunization,
nutrition, and diarrhea).
But there is also an integration of programs from
cross sectors namely youth Integrated Health
Service Post, Posbindu, Elderly Integrated Health
Service Post, migrant workers, environment, and
Village Owned Enterprises integrated with the
Waste Bank so that the family in Integrated Health
Service Post could create an independent family
economy, promoting reproductive health educa-
tion with marriage age maturity.
If the family of the Integrated Health Service Post
has been active, a lot of homework can be com-
pleted and not only a few communities can be
actively involved in the whole process of region-
al development. And that is the essence of open
government.
(Author: I Gede Putu Aryadi, Head of Communication and
Information Agency of West Nusa Tenggara, published in
Suara NTB on Wednesday, July 8, 2020)
24 Newsletter Open Contracting
PWYP Indonesia is a coalition of civil societies for transparency and accountability of extractive
resource governance in Indonesia. PWYP Indonesia was established in 2007, legalized under Indo-
nesia’s law in 2012 as Yayasan Transparansi Sumberdaya Ekstraktif, and affiliates to the network of
PWYP global campaign. PWYP Indonesia works in transparency and accountability along the chain
of extractive resource, from development phase of contract and mining operation (publish what
you pay and how you extract), production phase and revenue from industries (publish what you
pay), to the spending phase of revenue for sustainable development and social welfare (publish
what you earn and how you spent).
This Newsletter Open Contracting was prepared by team of national secretariat office of Publish
What You Pay Indonesia in collaboration with SOMASI NTB. The publication of this report is made
possible with the support of Hivos’ Open Contracting Program. The contents expressed in this
report are the responsibility of Publish What You Pay Indonesia and do not reflect the opinions and
views of Hivos.
Address
Jl. Tebet Timur Dalam VIII K No. 12, RT 001/009,
Tebet Timur, Tebet, Kota Jakarta Selatan, DKI
Jakarta 12820
Social Media
pwypindonesia — Instagram
pwyp_indonesia — Twitter
Publish What You Pay Indonesia — Facebook
Publish What You Pay Indonesia — Linkedin
Contact
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Publish What You Pay Indonesia
[Yayasan Transparasi Sumberdaya Ekstraktif]

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Newsletter - Open Contracting - July 2020

  • 1. Newsletter Open Contracting 1 The Long Road to Open Contract and Permit in Indonesia Indonesian One-Data Policy Encourages Open and Accountable Government to The Public Meliana Lumbantoruan & Wicitra | Page 2 Media Coverage West Nusa Tenggara Opens Information Channels According to Authority Page 18 Media Coverage Guarding the Disclosure of Information System of Integrated Health Service Post (SIPsyandu), NTB Care & West Nusa Tenggara One Data (NTB One Data) Page 20 Becoming an Activist, a Story of a Former Illegal Miner Participate in Monitoring Ille- gal Mining Activities Meliana Lumbantoruan | Page 5 The Long Road to Open Contract and Permit in Indonesia Meliana Lumbantoruan | Page 13 One Data Policy in The Pandemic Era: Story from West Nusa Tenggara and Semarang Provinces Meliana Lumbantoruan | Page 9 Newsletter Open Contracting Series July 2020
  • 2. 2 Newsletter Open Contracting By: Meliana Lumbantoruan & Wicitra The principle of openness in running the govern- ment is needed to realize a participatory gov- ernment where people can actively participate in overseeing policy implementation. To support this, the Government of Indonesia has committed to use the principle of public information disclosure, which is shown through Law No. 14/2008. More- over, Indonesia had participated in Open Govern- ment Partnership (OGP) which has 78-member countries which Indonesia is one of the pioneers of OGP, as well as Presidential Decree No.39/2019 on Satu Data (One Data) Indonesia. Dr. Ir. Taufik Hanafi, MUP, deputy of the Monitor- ing, Evaluation and Development of The Ministry of National Development Planning/Bappenas stat- ed that “evidence-based policy is a must, Public wants to know how policy is prepared. A devel- oped country is having a greater task to make a detailed accountability report which is every one Indonesian One-Data Policy Encourages Open and Accountable Government to The Public Illustrasi: http://lombokita.com/warga-pohgading-demo-kadesnya-soal-penolakan-pasir-besi/
  • 3. Newsletter Open Contracting 3 cent of public spending should have accountabili- ty”. This was conveyed at a Public Discussion titled Implementation of One Data Policy in Encouraging Open Government which held by the collaboration of PWYP Indonesia with Secretariat of Open Gov- ernment Indonesia (OGI) in Jakarta, February 25, 2020. Taufik Hanafi as the keynote speaker in the dis- cussion explained that Indonesia is the type of country that opens to data. It was shown through “Esther Duflo, The Nobel Prize winner for the econ- omy in 2010, took Indonesia as the location of her research and she took a lot of data from Bappenas and BPS. This shows that Indonesia is open to data especially for research/study purposes”, he said. Taufik Hanafi also said that “One data policy could not stand alone. The purpose of one data is to support good RPJMN. The process is starting with preparation, planning, implementation, monitoring, and evaluation. It is all inseparable from one data and one map,” said Taufik.  One data shows the importance of quality and credible information that is easily accessible to the public. One of the things that are regulated in one data is data governance. Some important princi- ples in one-data are there must be a data stand- ard, metadata, and data interoperability (data can be shared among other institutions). Also besides, standardization of data is crucial, so in the future, capacity building is needed not only for the gov- ernment but also for non-governmental organiza- tion to produce more accurate data. Maharani Putri from the national secretariat of OGI, revealed several examples of good open gov- ernment practices in several countries. For exam- ple, Brazil and South Korea. “In Brazil, communi- ty participation has an impact on reducing infant mortality and improving sanitation services. While in South Korea, the implementation of an online assessment menu on PAM water consumption has caused water consumption to rise 20% due to in- creased public confidence in water companies”.  In addition, according to her, local governments are also already aware enough about one-data. “One of the commitments to open government, Indone- sia is doing pilot projects about open government in five provinces, District/City, namely Bojonegoro, Aceh, DKI Jakarta, Bandung, and Semarang. The actions that have been carried out relating to open data which aim to strengthen public service, in- crease information disclosure and strengthen data governance. The government will continue to en- courage open government practices at national and sub national levels, “she said. At the end of 2019, the Ministry of Maritime Affairs and Fisheries (KKP) received an award as an In- formative Public Agency from Central Information Commission because it was considered to have successfully provided information to the public transparently related to programs and strategic policies in the marine and fisheries sector to the public. Rennisca Ray Damayanti, Head of Statistics Data – Pusdatin KKP who was also present as speak-
  • 4. 4 Newsletter Open Contracting er in this public discussion said that “public data and information in the marine and fisheries sector are prepared based on data standard principles. For example, the units in the questionnaire must be zero different, data are equipped with metada- ta standard, meets the principle of interoperabili- ty and uses reference codes and/or master data. This data is useful for data alignment in the marine and fisheries sector like data about the origin of fishing or fish export destinations. On the other hand, the KKP also rationalized the data collection system by simplifying the amount of application from previously having 299 now to 19 applications. Effective steps and achievements were obtained by the KKP because it had built one-data even be- fore enactment related presidential regulation.  In the public discussion, Agus Cahyono Adi, the Head of Pusdatin of the Ministry of Energy and Mineral Resources (ESDM), familiarly called Mr. Aca, mentioned that “Leadership is needed to im- plement one data”. He said, “Ministry of Energy and Mineral Resources also copied KKP applica- tions such as e-performance and Budget Realiza- tion Monitoring Application (Amora). On the other hand, ESDM also has standard as a licensing ap- plication that has a business entity database like a company record, production report, and so on”. Furthermore, he also stated that implementation one-data in ESDM had not yet been completed, because he thinks it is not easy to manage a large number of business entities ‘ESDM has introduced Single Source of Truth (SSOT), builds and sets where the data source is. If data is entered, we will verify it and if something goes wrong we returned. The purpose of that process is to synchronize data between the company and ESDM, and this time the data already synchronize. These benefits are related to accountability,” he concluded. Maryati Abdullah as National Coordinator of PWYP Indonesia emphasized that the challenge of im- plementing One Data in Indonesia is how to carry out continuity and upgrade data that has a good impact on state revenue and also what we need to emphasized that the definition of a non-state actor is not the only NGO but it has wider scope including entrepreneurs that supposed to become a partner in developing this one-data policy. In line with the implementation of open data, one-data and open government, Maryati contin- ued, Indonesia must encourage the data protec- tion act policy for preventing our private data as citizens misused by a certain party that related to data and information abused. Presidential regu- lation on One Data has provided institutionaliza- tion for evidence-based policy. This one-data and open government movement is a gate and a good platform from the collaboration between parties to support the achievement of sustainable develop- ment.
  • 5. Newsletter Open Contracting 5 By: Meliana Lumbantoruan Becoming an Activist, a Story of a Former Illegal Miner Participate in Monitoring Illegal Mining Activities Novi, not her real name, was an illegal miner. Now, she is surprisingly interested in participat- ing in overseeing mining activities around where she lives, in Central Lombok Regency, West Nusa Tenggara Province (NTB). Novi’s ex-husband had a one-hectare hilly land near their home. In 2012, he decided to clear the land. He planned to turn the land into a paddy field. Hence cut down all the trees there. He of- fered everyone, including pottery and clay roof tile business owners, to excavate the hilly land and buy the dirt and clay. Novi said, if they didn’t do
  • 6. 6 Newsletter Open Contracting that, “the irrigation water would not be able to wa- ter down the paddy field.” “Besides, the demand for dirt and clay were high. It is for making red bricks,” she added. Novi and her ex-husband received IDR 25,000, or approximately USD 2.5 at that time, for one truckload of dirt. In the village where Novi used to live, there were a dozen illegal miners. They mined dirt, sand, rocks, and clay. Three to five dump trucks carrying those mining products went in and out of the village every day and damaged the road. Some neighbors had confronted Novi’s ex-hus- band for the damage caused and asked him to stop the mining activities. Novi said, her ex-hus- band responded to the complaints, saying that the land is his therefore he has the right to do whatev- er he wants with it. Novi did not fully support the illegal mining activi- ties. Since they cut down the trees and mined the land, the well in her house was always dry during the dry season. She admitted, it never happened before. Yet, she never complained or shared her concern with her ex-husband. “It was not my land after all. I had no right. So, I just followed my ex’s will,” she revealed. The mining activities stopped in 2014, after the hillocks in the land was leveled. In two years of mining, only a few people dared to complain di- rectly to Novi’s ex-husband for the damaged road. She said, he was a respected man in the village. Those who were reluctant to protest to the ex-hus- band would express their objections to Novi. “I told them not to nag to me but my husband. I had no right and power to stop it [the mining activities].” Monitoring Mining Operations Novi is a social science teacher in a junior and sen- ior high school in Central Lombok Regency. She is also a member of the Village Community Forum and a human development cadre in the village where she currently lives. Novi started her journey monitoring mining op- erations in Central Lombok after participating in the Training on Mining Activity Monitoring for the Community in West Nusa Tenggara Province organized by the Transparency Society of West Nusa Tenggara (SOMASI NTB) and Publish What You Pay (PWYP) Indonesia on 21 November 2019. Riding a motorbike with her friend, Novi visited seven mining locations at different times, from 29 November to 1 December 2019.
  • 7. Newsletter Open Contracting 7 Meliana Lumbantoruan, Knowledge and Research Manager at PWYP Indonesia, and Dwi Ariesanto, Coordinator of SOMASI NTB, give information on mining documents to the participants of Mining Ac- tivity Monitoring Training for Citizens on 21 November 2019 in Mataram, West Nusa Tenggara Province. Photo: SOMASI NTB. What encourages her to oversee mining activities is her curiosity to understand the impact of mining on people’s lives, if it gives benefits to the people or the opposite. As a human development cadre, she also wants to know how the activities affect the children’s growth and development who live near mining areas. Moreover, she wants to see mining activities and environmental damages it creates with her own eyes. Novi was sad when she witnessed the environ- mental damage near the mining areas she visited. Based on her observations, half of Mount Prabu, illegal gold mining in Pujut Sub-district, Central Lombok Regency, is barren and has no trees. In another location, in Pringrata Sub-district, Novi found sand and gravel quarries near a residential area. She spotted numerous heavy equipment to excavate the sand and dig out the pumice in the area. She also saw several mining pits with 20 me- ters depth (approximately). She did not face significant challenges while mon- itoring mining operations. She visited the mining
  • 8. 8 Newsletter Open Contracting locations in the morning when no one was there to be freer to observe the area. However, there was a time when some locals in Patre, West Praya Sub-disctrict approached her and asked why she came. “People living near the mining area are more suspicious of strangers. To avoid their suspicion, I told the locals that I wanted to buy gravels and resell them. And, I didn’t take any pictures there,” she recalled. Novi has no problem riding her motorbike by her- self for tens of kilometers to monitor mining op- erations. She has no plan to stop yet. She hopes, the local government would follow up her findings and be more active in conducting the monitor- ing, including investigating if there is any quarry is located close to residential areas or other pub- lic facilities. She urges the government to find out whether the citizens understand the negative im- pact of mining or not. The government must also be more firm in cracking down on the violations. “If we don’t do anything, what about our future generations, our children and grandchildren? They won’t be able to have and enjoy a healthy environ- ment and beautiful nature if we keep exploiting it,” she asserted.
  • 9. Newsletter Open Contracting 9 By: Meliana Lumbantoruan One Data Policy in The Pandemic Era: Story from West Nusa Tenggara and Semarang Provinces In early March 2020, President Joko Widodo had officially announced that there are Indonesian cit- izens who have been infected the Corona Virus or Covid-19 which shocked the government and the public. Day by day infected people are increasing, hence the government declared national emer- gency status to control the disease from local to national level. Several local governments enact- ed Large Scale Social Restriction which known as PSBB and also several other policies have been adapted to adjust local wisdom and people’s con- dition in one region. Besides controlling the virus outbreak, the gov- ernment facing other obstacles. PSBB and simi- lar policies have been giving many impacts. One of them is microeconomics and macroeconomic crises. Moreover, hoax news and inaccurate data also increasing public panic.
  • 10. 10 Newsletter Open Contracting The obstacle of Covid-19 disease needs synergy from many parties and cross-sector. To remind the impact from that outbreak is not only from the health sector but also from other sectors. There- fore, it is important to the government to provide quick, transparent, holistic, update, and accurate information hence every policy that will be made by the government will be accepted by the public. One of the important things to be concerned by the government is how to make policy that is re- lated to public response and needs. Therefore, the government’s policy is capable of accommodating people’s input efficiently and effectively. In this condition, One Data Policy is an important element that could be used to control and han- dling the COVID-19. With one data, information to handle the pandemic and its impact could be more accurate and informative. Therefore, public partic- ipation will increase and, in the end, it will create an accountable government. Related to that, on 23 April of 2020, Publish What You Pay Indonesia held the online discussion with the Local Government of Semarang City and West Nusa Tenggara (NTB) Province. That discussion is purposed to dig what policy that has been used by these two government to cure the problem of COVID 19 and its impact, especially related to how the they distribute quick and accurate data and information to the public. On that discussion, Mr. Bambang Pramusinto as Head of Communication and Information, Statistic of Semarang Province, and Mr. I Gede Putu Aryadi as Head of Commu- nication and Information, Statistic of West Nusa Tenggara Province were presented as speaker. At the beginning of the discussion, each local government explains the update condition of the COVID 19 outbreak in their regions and what policy is chosen to speed up the handling of Covid-19. Both Semarang and NTB have not yet adopted the PSBB policy, and currently, the local government is focusing on tracking vulnerable spots and areas, as well as the cluster spread of the Covid-19 virus in their area. This is an important matter for the gov- ernment to focus on the handling of the outbreak. Regarding the policy of information dissemination to the public, the West Nusa Tenggara Provincial Government and the Semarang City government already have a portal related to Covid-19, which aims to facilitate the public in accessing updated, accurate and valid information.
I Gede Putu Arya- di, said that “The West Nusa Tenggara Provincial Government has created a special portal to control covid-19, namely corona.ntbprov.go.id. The portal contains information related to positive cases and the distribution of covid-19 which is updated reg- ularly and presented with data disaggregated by age and sex” Gede said. This sorting data related to age and sex is important because it provides in- formation on how individual the level of a vulnera- bility is, whether more is the age group of children, or the elderly, or more vulnerable men or women, and so forth.
  • 11. Newsletter Open Contracting 11 Image Source: Covid-19 Information Portal of NTB Province (corona.ntbprov.go.id) Covid-19 Pandemic not only has an impact on the health problem, but also affected the econo- my, both in macro and microeconomic. Therefore covid-19 pandemic data that has been collected is used by the provincial government to control those problems. “West Nusa Tenggara Provincial Government is ensuring and stimulating economic activity by stimulating small and medium enter- prises to produce face mask and others that will give to the public as social assistance”, Gede Said. Semarang provincial government also has a por- tal that provides covid-19 information that can be accessed through https://siagacorona.semarang- kota.go.id/. “This portal provides updated infor- mation about positive case data and several forms of newcomer report, patient referral health facility data, assistance data, volunteer lists, availability of medical devices, and other information about the pandemic covid-19 in Semarang City, “Bambang Pramusinto said.
  • 12. 12 Newsletter Open Contracting Image: Portal Informasi Covid-19 Kota Semarang https://siagacorona.semarangkota.go.id/ As there is in West Nusa Tenggara Province, Se- marang City Government also realizes beside the health aspect, the economic aspect is one of the things that must be addressed and handled by the government. The Semarang City Government has provided several assistance frameworks using both the local budget and donors. Management of this assistance is done transpar- ently through the Covid-19 information portal as well. Bambang stressed that “Lately news is rife in various regions discussing issues related to social assistance to the community, to anticipate this, the Semarang City Government will prioritize transparency related to aid data to the public so that the Semarang City Government presents the aid data feature in the Corona Standby Portal”. It is expected that these features will minimize public complaints. Public needs valid and accurate data and informa- tion. Therefore, local government must act quickly to provide data for the public. Another side, the public should support the government by follow- ing all the rules and advice from the government to control covid-19. Therefore, the acceleration of controlling the Covid-19 pandemic is not just a slogan, but it can be truly realized by the collabo- ration of all parties.
  • 13. Newsletter Open Contracting 13 By: Meliana Lumbantoruan The Long Road to Open Contract and Permit in Indonesia Open contracts and permits still debate. Some people argue that contracts and permits should be opened to the public or vice versa. Open contract in extractive industry sector has been widely voiced in various global initiatives such as Extractive Industry Transparency Initiative (EITI) and Open Government Partnership (OGP), and Indonesia is being a member in that initiatives. Besides that, Law Number 14 of 2009 on Public Information Disclosure clearly said that the imple- mentation of that is conducted by the public bod- ies from local and national. But, the mandate from that law is not going optimal. Public Information Disclosure Law explicitly said that contract and permit documents are open in- formation. But, on a practical level, the public still hard to see the contract and permit documents. Hence, public information disclosure policy in the mining sector is important to be encouraged. Be- sides increasing transparency and improving ex- tractive governance, also increasing public trust to state on manage natural resources. Transparen- cy and accountability are one of ‘social license to operate’ standards for economic activity, include natural resources sector industry. Publish What You Pay (PWYP) Indonesia, as civ- il coalition who concerns guarding EITI standard Photo: pixabay.com
  • 14. 14 Newsletter Open Contracting to encourage transparency and accountability at the extractive industry, had been arranged several topics for open contract and permit studies such legal/regulation framework, open contracting in- clude EITI Global initiative, beneficial ownership, an empirical study on information access in the local level. On Wednesday, June 30, 2020. PWYP Indonesia arranges public discussion with the title “Open Contracting and Permit in Indonesia: Legal Frame- work, EITI Implementation, Beneficial Ownership, Open contracting practice in the local area”. The purpose of the discussion is to disseminate re- search and getting public input at once provid- ing their awareness of the essentials of open contracting for public rights on natural resources management. Researchers attended the discussion and became speaker to show their research results. The speak- ers were Dessy Eko Prayitno, Giri Ahmad Taufik, Choky Ramadhan, and Triono Hadi, at the same time the moderator is Meliana Lumbantoruan and the panelists are M. Syahyan from Central Infor- mation Commission and Maryati Abdullah from PWYP Indonesia. Legal Framework of Open Contracting in Indonesia Article 33 section (3) of the 1945 constitution of the republic Indonesia explicitly said that all the natural resources are controlled by the state and used to public prosperity. Extractive industries such as oil & gas, and mineral and coal mining have high risk, high technology, and high cost so that the industry needs investor collaboration who has big capital and competitive technology. One of collaboration form is a contract system Dessy Eko Prayitno said that “Government confused to open contract document because it could not un- derstand clearly about open contract legal frame- work in Indonesia, also the doubt to fulfill public or investor interest”. Open Contracting on natural resource manage- ment in Indonesia could be seen in these perspec- tives: First, as government responsibility to do the mandate on managing the country’s natural re- sources. Second, creating room for participation public to manage the natural resource as in 1945 constitution of republic Indonesia article 33 sec- tion 3. Third to implement Public Information Dis- closure Law Fourth to implement Law Number 30 of 2014 on Government Administration, especially human rights, the principle of good governance Law Number 30/2014 especially on the principles of benefit, impartiality, rigor, disclosure, and the principle of public interest. Dessy Eko also said that “Open contracting on natural resources in Indonesia is a form of gov- ernment responsibility on 1945 constitution of re- public Indonesia on article 33 section 3, related to Human Rights Law, environmental protection and management (PPLH)”. She said.
  • 15. Newsletter Open Contracting 15 Diagram 1. Legal Framework of Open Contracting of Oil & Gas and Mineral & Coal Mining in Indonesia Open Contracting and EITI Standard As it is explained before, Indonesia commits to in- ternational to open contracting. Its commitment is related to Indonesia as a member of EITI which is a global initiative on transparency at the extractive sector. Even though open contracting has been started since 2013, at first it is only a form of sug- gestion. But, in the 2019 EITI Standard, open con- tracting is required for all of the member countries include Indonesia.
  • 16. 16 Newsletter Open Contracting Diagram 2: EITI Standards of 2013,2016 & 2019 In requirement 2.4, 2019 EITI Standard, open contracting requirement for member countries is agreed to apply on January 1, 2021. But, members are suggested to open and publish contract that has been existed before 2021” Triono Hadi said in that discussion. Coordinator of Fitra Riau also said that “Beside legal framework for open contracting at the national level which is clear and regulated in the Law and its derivatives, the commitment of the Indonesian government as a member of the EITI can also be used as a strong legal framework for implementing open contracting in Indonesia”. He said.
Even though there are many opportunities to support the government to implement the 2019 EITI Standard on open contracting and transpar- ency in public procurement but they are still facing many obstacles (Ministry of Energy and Mineral Resources) hence there are no contracts or permit that is accessible for the public. Open Contracting and Beneficial Ownership Transparency Open contracting and beneficial ownership trans- parency are two forms of transparency from com- panies. It is very important as steps to prevent corruption, money laundering, tax compliance, and other criminal acts. As an EITI member coun- try that will implement open contracting standards and also as a FATF member who also applies the open beneficial ownership clause, Indonesia has an important role. Moreover, Indonesia already has a Presidential Regulation that mandates the imple- mentation of these two initiatives. Choky Ramadhan said that “Open contracting and beneficial ownership transparency are two in- itiatives that can be linked and will have a more meaningful impact on each other. Both of these in- itiatives aim to reduce the potential for corruption, especially in public procurement and permit.” Choky also said that “The combination of initi- ative on open contracting and beneficial owner-
  • 17. Newsletter Open Contracting 17 ship transparency is beneficial to further increase transparency, supervision/public participation, the quality of the process, and results of public pro- curement. The implementation of both simultane- ously can prevent the selection of corporations that have the potential to have conflicts of interest, monopolize, and /or manage illicit financial flows in public procurement”. The result of the research said that there are at least 2 schemes for applying open contracting by linking to beneficial ownership transparency, that is to say:
First, transparency of company informa- tion, its data could be received from register data or portal as part of the steps to a company that in- terests to join the procurement. Participants could fill its identity and beneficial ownership so that company data could be linked and compared to its beneficial ownership information. Second, the correlation between open contracting and beneficial ownership transparency by requir- ing companies that will participate in public pro- curement tenders to open their beneficial own- ership. This aims to identify potential conflicts of interest, prevent collusion between related com- panies, create healthy competition between com- panies, and guarantee complete information relat- ed to the beneficial owner of state funds. The government has to implement open contract- ing as a step to create good governance of natural resources.
  • 18. 18 Newsletter Open Contracting West Nusa Tenggara Opens Information Channels According to Authority To carry out information services, it must be un- derstood and assured about the authority of the information that is managed. Is this information managed by the region or is owned by a company or is it personal information? So, these considera- tions are the basis of applicant information to the information manager or public body. This was con- veyed by the Head of t Communication and Infor- mation Agency of West Nusa Tenggara Province, I Gede Putu Aryadi, when he attended the Public Discussion on Open Contracting and Permit in the Regions, Tuesday (7/7/2020) at his office, Com- munication, Information, and Statistics Agency of West Nusa Tenggara Province. “This is must be our concern together with both the information applicant or the information ser- vice provider,” said the former Head of Public Re- lations of the Bima Regency Government. According to him, West Nusa Tenggara Province did not make or stipulate a governor’s regulation regarding excluded information. But they issue Governor Regulation Number 11 of 2020 on Guide- lines of consequences testing of public informa- tion. “That’s what we made,” he said. Furthermore, Mr. De, his nickname, added that all public information is open but needs to be consid- ered in the process of daily life, some things must be excluded. Even excluded information also has a retention pe- riod. Especially when this era is fast changing. It is not possible to keep exclude information forever. Media Coverage
  • 19. Newsletter Open Contracting 19 “There is information that we exclude today, we open tomorrow, if we specify it in a decree, it might be very troublesome to administer, this is the guideline,” said Gede. This is a consideration, why West Nusa Tenggara not specifically make a list of excluded information. Besides, in Law Number 14 Article 17, he admitted it will emerge various interpretations because the sound of the article will be adjusted to the actual conditions in the field. He added, Sometimes, open public information, due to local situations, if it jeopardizes security such as causing horizontal or vertical conflicts in the community, must be postponed or excluded. “These are local wisdom considerations, as well as different regional conditions, which must be con- sidered legal,” said Kadis. There are considerations of the benefits and its disadvantages for the community when govern- ment want to open data for public information, said Gede. Although this information is excluded, if it is in the public interest, it must be disclosed. Besides that, the main obstacle in the mining in- formation sector in West Nusa Tenggara is the transfer of authority. Which was originally from the Regency to the Province. Mining information, West Nusa Tenggara Provin- cial Government opens the widest information tap on the West Nusa Tenggara One Data portal. “Gradually, this information and data will contin- ue to be improved and updated,” said the former Special Assistant Inspector of West Nusa Tengga- ra Province. In this era of public disclosure, innovation must follow the changing times. Society has begun to need digital information. “This is what we are con- tinuing to push in West Nusa Tenggara, we have West Nusa Tenggara/NTB Care channel com- plaints even real-time information requests,” Gede said. Meanwhile, Chairman of West Nusa Tenggara Somasi, Dwi Arie Santo said that in the West Nusa Tenggara Province, Capital Investment and One- Stop Integrated Service and the Agency of Energy and Mineral Resources have documents that are related to the mining sector According to him, the results of discussions and findings in these 2 regional instruments, when the process of accessing documents from pub- lic agencies, responds very slowly. Even the re- sponse occurred when the letter of objection was posted. Meanwhile, ideally 10 working days they should answer according to the Information Com- mission Regulation on information service. “But during the 10 working days, we did not get an answer. This practice happens a lot, “he said. But he continued, after the objection, the docu- ments requested were only given a list of compa- ny names. The reason is that public agencies have difficulty gathering information in districts/cities. He expects in the future, public bodies must have a concern to respond and prepare public informa- tion which is the authority of the community.
  • 20. 20 Newsletter Open Contracting Guarding the Disclosure of Information System of Integrated Health Service Post (SIPsyandu), NTB Care & West Nusa Tenggara One Data (NTB One Data) Media Coverage Open government is certainly a bureaucratic pos- ture that is always active and responsive to the as- pirations and needs of the people. It appears sim- ple, faster to appear in front, knowing, listening, and could feel what the problems that are public facing. That is the personification of the leader and government figure who have the spirit to hon- est and serve. Realizing open government is not an easy job. Be- side it needs the commitment and service based The Virtual Discussion was also attended by the Director of the State Apparatus Empowerment and Bureaucratic Reform Ministry and Ministry of Na- tional Development Planning, Chief Executive of the Information and Documentation Management officer of Aceh Province, Head of Data and Infor- mation Centre of Ministry of Energy and Mineral Resources, and NGOs such as Fitra East Java, LPAD Riau, West Sumatra Qbar, Aceh Movement. Guided by Meliana Lumbantoruan, Program Man- ager of PWYP Indonesia. (Published on media pusaranntb.com, on July 7, 2020)
  • 21. Newsletter Open Contracting 21 on sincerity and honesty, data and information support is also needed that is valid, complete, and accurate and presented in a timely manner so as to be able to answer the needs of the public. Hence an important instrument to achieve open government is data and information. At the na- tional level, the President has issued Presidential Regulation Number 39 of 2019 on Indonesian One Data (SDI). His enthusiasm is the harmonization of data obtained from each ministry/institution and local government to the village so that the infor- mation is more accurate, current, integrated, ac- countable, accessible, and easily shared. Compared to the national level, West Nusa Teng- gara Care is one step ahead. Long before Presi- dential Regulation Number 39 was published, the government of Governor Dr. Zul-Umi Rohmi has been created the Regional Regulation on 2019- 2023 on Medium-Term Development Plan of West Nusa Tenggara by forming “West Nusa Tenggara One Data” as one of the regional flagship program and its province also won the highest title as a na- tional informative public body in 2019. This achievement is received because of the high commitment of disclosure from regional leaders, supported by the provision of information systems that can accommodate various complaints, so- cio-economic, and legal problems that the com- munity could complain to the Governor of West Nusa Tenggara, through the “NTB (West Nusa Tenggara) Care” Application. There is also SIPyan- du that is used to record all data/activities from the family in each village. So, from the recapitula- tion of the data, the regional government can find out the actual program conditions and needs that the community needs to overcome the problem. To support the integration of this flagship pro- gram, West Nusa Tenggara Regional Government also has a regulatory instrument in the form of Re- gional Regulation Number 3 of 2018 on electronic system-based governance. Not only that, the West Nusa Tenggara Gover- nor and his staffs also continue to open dialogue space with the people without barriers, both direct and online communication, by opening all availa- ble channels of public communication, including through social media. NTB One Data can be accessed through the por- tal: data.ntbprov.go.id. Inside, 1,060 types of sec- toral statistical data have been presented which consists of economic, socio-cultural, and regional infrastructure data. Starting from data for regional development planning and key sectoral statistical indicators (KOR) to all data related to the adminis- tration of government affairs which are under the coordination and responsibility of local govern- ment agencies. Indeed, admittedly, the statistical data presented in this public space, have not fully been able to meet the needs of data users. There are still differences in data, both between local government agencies at the provincial level and between provinces and districts/cities to villages. Even though the type of data is almost the same and interrelated. For ex- ample, data on poor citizens, migrant workers with social problems, data on business profiles of Vil-
  • 22. 22 Newsletter Open Contracting lage Owned Enterprises, data on agricultural land area, data on agricultural production, livestock ar- eas, number of tourist visits, slums, poor people, etc. body in 2019. The problem of differences in data and information is very possible and could occur because, First, there is difference in the method of data collection or metadata. Second, triggered by the absence of synchroniza- tion of data between levels of government and the establishment of institutions responsible for data, specifically related to one type of data handled by various institutions. So far, each institution tends to use its own version of the data, even though it is related to handling the same program. For exam- ple, the problem of poverty and health. Third, the unavailability of integrated data col- lection technology or information systems to the forefront of government. So now the existence of data is still scattered and difficult to obtain. Portal of NTB One data, not yet integrated or connected with one regency/city-data. Fourth, partnerships have not yet been estab- lished between provinces, districts/cities, and vil- lages. Even though most of the existence of data related to socio-economic services and basic in- frastructure is under the control of regency/city and village governments. Steps to Accelerate Open Government One of the spirits of Open Government Partnership (OGP) action in West Nusa Tenggara is to encour- age improvement in the quality of public services, encourage E-Government which is possible be- cause of the existence of one data to encourage transparency and accountability. One data policy is one of the efforts to encourage transparency and accountability of regional government. There are three breakthroughs to accelerate the realization of West Nusa Tenggara/NTB One data, namely: First, an application has been developed called “Rudats” (home of sectoral statistical data). The function of that application as technology is syn- chronizing sectoral statistical data from Regency / City to NTB One Data portal where management officers from each region are inputting data that has been validated to the Rudats Application that is connected and integrated into the NTB One Data Portal. This application was developed by the Head of Statistics West Nusa Tenggara. Second, it is important to establish cooperation to involve the village government as the front guard in the process of collecting and validating data/in- formation at the village level. This engagement is important because these officials know concretely the data and the real conditions and needs of the people. Third, encourage the formation of district/city lev- el data forums and actively conduct coaching. Fourth, using the SIPyandu as a means of collect- ing data and information directly from the commu-
  • 23. Newsletter Open Contracting 23 nity that involves the community itself to realize truly objective data or data integrity. Until June 2020, 1,514 Integrated Health Service Post was formed from 7,286 units that spread throughout remote villages in West Nusa Teng- gara and supported by 26,000 trained Integrated Health Service Post cadres plus assistants from each village. These village cadres and assistants will input data and various information from villages and into the SIPyandu application, and after an adequate val- idation process, the data is integrated with the NTB one data portal. The flagship program for revitalization Integrated Health Service Post is expressed as an effective medium for the community to sit together to solve various problems. Because the service at the In- tegrated Health Service Post is not only related to the health of the mother and child routinely every month but it also covers 5 main programs (moth- er and child health, family planning, immunization, nutrition, and diarrhea). But there is also an integration of programs from cross sectors namely youth Integrated Health Service Post, Posbindu, Elderly Integrated Health Service Post, migrant workers, environment, and Village Owned Enterprises integrated with the Waste Bank so that the family in Integrated Health Service Post could create an independent family economy, promoting reproductive health educa- tion with marriage age maturity. If the family of the Integrated Health Service Post has been active, a lot of homework can be com- pleted and not only a few communities can be actively involved in the whole process of region- al development. And that is the essence of open government. (Author: I Gede Putu Aryadi, Head of Communication and Information Agency of West Nusa Tenggara, published in Suara NTB on Wednesday, July 8, 2020)
  • 24. 24 Newsletter Open Contracting PWYP Indonesia is a coalition of civil societies for transparency and accountability of extractive resource governance in Indonesia. PWYP Indonesia was established in 2007, legalized under Indo- nesia’s law in 2012 as Yayasan Transparansi Sumberdaya Ekstraktif, and affiliates to the network of PWYP global campaign. PWYP Indonesia works in transparency and accountability along the chain of extractive resource, from development phase of contract and mining operation (publish what you pay and how you extract), production phase and revenue from industries (publish what you pay), to the spending phase of revenue for sustainable development and social welfare (publish what you earn and how you spent). This Newsletter Open Contracting was prepared by team of national secretariat office of Publish What You Pay Indonesia in collaboration with SOMASI NTB. The publication of this report is made possible with the support of Hivos’ Open Contracting Program. The contents expressed in this report are the responsibility of Publish What You Pay Indonesia and do not reflect the opinions and views of Hivos. Address Jl. Tebet Timur Dalam VIII K No. 12, RT 001/009, Tebet Timur, Tebet, Kota Jakarta Selatan, DKI Jakarta 12820 Social Media pwypindonesia — Instagram pwyp_indonesia — Twitter Publish What You Pay Indonesia — Facebook Publish What You Pay Indonesia — Linkedin Contact sekretariat@pwypindonesia.org — Email www.pwypindonesia.org — Website Publish What You Pay Indonesia [Yayasan Transparasi Sumberdaya Ekstraktif]