LEGAL GOVERNANCE OF NON-CLASSIFIED INTELLIGENCE DISSEMINATION IN INDONESIA

Abstract

Indonesia’s freedom of information regime is built on a presumption of openness, while the national intelligence regime treats secrecy as the default means of protecting sources, methods, and operational safety. The resulting tension presents a legal problem that extends beyond a simple clash of principles, because the central issue is not only whether information may be disclosed, but also how the state designs lawful procedures to distinguish information that must remain protected from information that may be released in a safe and accountable form. This article asks how the policy characteristics, risks, and constraints of disseminating non-classified intelligence to the public can be understood in Indonesia. The study uses normative legal research through statutory and conceptual approaches, supplemented by qualitative document analysis of legal materials and recent scholarship on public intelligence, freedom of information, and information governance. The findings show that the core difficulty lies not merely in a conflict of norms, but in the absence of a procedural bridge linking the consequence-test logic of the disclosure regime with the protection logic of intelligence secrecy. This gap encourages over-classification, weakens accountability for disclosure decisions, and leaves little room for lawful and secure public intelligence products. The article proposes an Audit Ready Public Intelligence Disclosure (AR PID) model that structures non-classified intelligence dissemination through five auditable control points, allowing the protection of sources and methods to operate alongside legal compliance, public legitimacy, and stronger information governance.