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LAW OF
THE REPUBLIC OF INDONESIA
NUMBER 43
OF 2009
ON
RECORDS
AND ARCHIVES ADMINISTRATION
BY THE
GRACE OF ALMIGHTY GOD
THE
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that in
order to defend the Unitary Republic of Indonesia and achieve the national
goals as stated in the Preamble to the 1945 Constitution of the Republic of
Indonesia, records and archives as the national identity and character, as well
as the memory, reference, and material for accountability in the life of the
community, nation, and state shall be administered and preserved by the state;
b. that in order to maintain the
availability of authentic and reliable records and archives, to ensure the
protection of the national interests and the people’s civil rights, and to keep
updated records and archives administration systems, it is necessary to
establish records and archives administration systems in accordance with the
principles, rules, and standards as required by the implementation of a reliable
national records and archives administration system;
c. that in order to face the
challenges of globalization and to support the establishment of the state
administration and in particular, a good and clean governance, as well as
improving the quality of public services, the administration of records and
archives in state institutions, local governments, education institutions,
companies, political organizations, social organizations, and individuals shall
be carried out under a national administration system for records and archives
which is comprehensive and integrated;
d. that the provisions and
regulations with regard to records and archives administration are still
partial and dispersed in various
laws and regulations, so it is necessary to address this matter
comprehensively in a separate law;
e. that the current national records
and archives administration is not integrated, systematic, or comprehensive
partly as a result of limited and narrow understanding and interpretation of
records and archives among various groups of people, including among the state
administrating institutions;
f. that Law No. 7 of 1971 concerning
Basic Provisions of Records and Archives Administration needs to be
adapted to the current development and needs of the society, nation and state
which are affected by global and national development challenges as well as the
development of information and communication technology;
g. that based on the considerations
as referred to in letters a through f, it is necessary to adopt the Law of the
Republic of Indonesia on Records and Archives Administration;
Observing: Article 5 paragraph (1), Article 20, and Article 28F of
the 1945 Constitution of the Republic of Indonesia;
In Joint
Approval
OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
THE
PRESIDENT OF THE REPUBLIC OF INDONESIA
HAVE
DECIDED:
To pass:
THE LAW ON RECORDS AND ARCHIVES ADMINISTRATION
CHAPTER I
GENERAL
PROVISIONS
Article 1
In this Law:
1. Archives and
Records Administration shall mean any matters relating to records and archives.
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2.
Archives/records shall mean
records of activities or events in a variety of forms and media in accordance
with the development of information and communication technology which are made
and received by state institutions, local governments, education institutions,
companies, political organizations, social organizations, and individuals as
part of the community, nation, and state.
3. Records (arsip
dinamis) shall mean records that are used directly for the activities of
the creators of the records and stored for a certain period.
4. Vital records shall mean records
that are basic requirements to continue the operations of the creators of the
records, and which are non-renewable and irreplaceable if damaged or lost.
5. Current records (arsip aktif)
shall mean records which are very frequently and continuously used.
6. Non-current
records (arsip inaktif) shall mean records that are less frequently used.
7. Archives (arsip
statis) shall mean archives generated by the creators because they have
historical value, have exhausted their retention, and are marked permanent and
verified either directly or indirectly by the National Archives of the Republic
of Indonesia and / or archival institutions.
8. Protected records and
archives shall mean state records and archives relating to the existence and survival of the nation and the state
and the integrity, security, and safety of which need to be protected.
9. Public records shall mean records
which are not included in the category of protected records.
10. Archivist shall mean a person who
has the competence in the records and archives administration acquired through
formal education and / or education and training thereon and has the functions,
duties, and responsibilities of conducting records and archives administration.
11. Access to records/archives shall
mean the availability of records/archives under legal authority and
authorization as well as the availability of facilities to easily retrieve and
use the records/archives.
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12. Archival institution shall mean
an institution that has the functions, duties, and responsibilities in managing
archives and maintaining development
in the administration of records and
archives.
13. A state institution shall mean
any institution that functions as a branch of the state power namely the
executive, legislative, and judicial institutions, and other institutions whose
functions and main tasks are related to the state administration in accordance
with the provisions of the laws and regulations.
14. The National Archives of the
Republic of Indonesia hereinafter referred to as ANRI shall mean a non-ministerial government institution which carries out the government’s tasks
in administering records
and archives, located in the state capital.
15. The Provincial archives
shall mean an archival institution in
the form of a line agency that carries out the government’s tasks in
administering the provincial government’s records and archives, located in the
capital of the province.
16.
Municipalities/Cities archives shall
mean an archival institution in the form of a line agency that carries out the
government’s tasks in administering the municipalities/city governments’ records
and archives, located in the capital of the municipalities/city.
17. The university archives unit
shall mean an archival unit in both state and private universities which
performs the function and duty of records and archives administration in the
university.
18. A company shall mean a legal
entity which carries out activities with the purpose of gaining profit and is
established and / or domiciled in the territory of the Republic of Indonesia.
19. A record creator shall mean a
person or entity that is independent and authorized to perform the functions,
duties, and responsibilities in managing records.
20. A processing unit shall mean a
unit under the records creator with the duty and responsibility in processing
the production of the records in its organization.
21. A records unit shall mean a work
unit of the records creator with the duty and responsibility to administer
records.
22.
Records (Retention) Schedule
hereinafter referred to as RRS shall mean a list which contains at least the
retention period, types of records, and information on
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the recommendation to decide the
type of records to be disposed, re-appraise, or made permanent, for use as a guideline in reducing and
salvaging the records.
23.
Records disposal shall mean the
activity to reduce the volume of records by transfering non-current records from the
processing unit to the records unit, destroying records that have no value, and
transferring archives to the archival institutions.
24. Records and archives
administration shall mean all activities including policy, guidance and management
of records and archives in a national records and archives system that are
supported by human resources, infrastructure and facilities, as well as other
resources.
25. Records management shall mean the process of controlling records efficiently,
effectively, and systematically covering the creation, utilization, maintenance
and disposition of records.
26. Archives administration shall mean the process of controlling archives efficiently,
effectively, and systematically which includes the acquisition, arrangement and description, preservation, utilization, and public service under a national
records and archives system.
27. Acquisition of archives shall
mean the process of adding the collection of archives held in archival
institutions by transferring
archives and their management rights from the records creators to
archival institutions.
28. National records and archives
system, hereinafter referred to as SKN
(sistem kearsipan nasional), shall mean a system that establishes
sustainable relationships between various components that have specific
functions and tasks, interactions between actors and other elements that affect
each other in the administration of records and archives at the national level.
29. The Indonesian Archival Information system, hereinafter referred to as SIKN is the national records
and archives information system maintained by ANRI which utilizes the Indonesian archival information network...
30. The Indonesian Archival Information Network
hereinafter referred to as JIKN is a system of network of
information and records and archives facilities at the national level which is
maintained by ANRI.
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31. The accession register hereinafter abbreviated as DPA is a list of archives that have
historical values which have been directly or indirectly verified by the
archival institutions and are sought-after by archival institutions and
announced to the public.
CHAPTER
II
PURPOSE,
OBJECTIVES, PRINCIPLES, AND
SCOPE
Part One
Purpose
and Objectives
Article 2
The purpose of this Law is to provide legal certainty in the
national administration of records and archives.
Article 3
The objectives of the
administration of records and archives are :
a. to ensure the creation of records
and archives from activities carried out by state agencies, local governments,
education institutions, companies, political organizations, social
organizations, and individuals, as well as by ANRI as the administrator of
national records and archives;
b. to ensure the availability of
authentic and reliable records and archives as admissible evidence;
c. to ensure the realization of
reliable management and utilization of records and archives in accordance with
the provisions of laws and regulations;
d. to ensure protection of the
interests of the state and the civil rights of the people through the
management and utilization of authentic and reliable records and archives;
e. to galvanize the national
administration of records and archives as a comprehensive and integrated
system;
f. to ensure the safety and security
of records and archives as evidence of accountability to the society, nation
and state;
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g. to ensure the protection of
national assets including economic, social, political, cultural, and defense
assets, as well as security assets as the identity of the nation; and
h. improve the quality of public
service in managing and utilizing authentic and reliable records and archives.
Part Two
Principles
Article 4
The administration of
records and archives shall be based on the principles of:
a. legal certainty;
b. authenticity and trustworthiness;
c. integrity;
d. principle of provenance;
e. principle of original order;
f. security and safety;
g. professionalism;
h. responsiveness;
i. anticipation;
j. participation;
k. accountability;
l. expediency;
m. accessibility; and
n. public interest.
Part
Three
Scope
Article 5
(1) The scope of the
administration of records and archives shall include the establishment of
policies, guidances and management of records and archives in a national records and
archives system that are supported by human resources,
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infrastructure and facilities, as
well as other resources in accordance with the provisions of laws and
regulations.
(2) The scope as referred to in
paragraph (1) shall include the activities carried out by state agencies, local
governments, educational institutions, companies, political organizations,
social organizations, and individuals, and archival institutions.
CHAPTER
III
ADMINISTRATION
OF RECORDS AND ARCHIVES
Part One
General
Article 6
(1) The national administration of
records and archives shall be the responsibility of ANRI as the national
administrator of records and archives.
(2) The administration of records and
archives of a province shall be the responsibility of the provincial government
and carried out by the provincial archives.
(3) The administration of records and
archives of a municipality / city shall be the responsibility of the municipality / city government and carried out by the municipality / city archives.
(4) The administration of records and
archives of a university shall be the responsibility of the university and
carried out by the university archives.
(5) The responsibilities in the
administration of the national records and archives as referred to in paragraph
(1) shall include the establishment of policies, development and management of
records and archives.
(6) To enhance the quality of
administration of archives at the national level as referred to in paragraph (1),
the administrator of the national archives shall conduct research and
development as well as providing education and training on administration of
records and archives.
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Article 7
The establishment of policies on national records and archives
referred to in Article 6, paragraph (5) shall include the areas of:
a. development;
b. management of records and archives;
c. development of SKN and SIKN as well as establishment of JIKN;
d. organization;
e. human resources development;
f. infrastructure and facilities;
g. preservation and salvation of of records and archives;
h. dissemination of information of records and archives;
i. cooperation; and
j. funding.
Article 8
(1) Development in the administration
of records and archives at the national level as referred to in Article 6
paragraph (5) shall be carried out by the national records and archives towards
the records creators at the central and local level, the provincial archives, municipality/city archives, and university archives.
(2) Development in the administration
of records and archives at the provincial level shall be carried out by the
provincial archives towards the records creators of the relevant provincial and
municipality/city archives.
(3) Development in the administration
of records and archives at municipality/city level shall be carried out by the municipality/city archives in the
relevant municipality/city.
(4) Development in the administration
of records and archives at universities shall be carried out by a work unit and
academia in the relevant university.
Article 9
(1) The management of records and
archives as referred to in Article 6 paragraph (5) shall be applied to records
and archives.
(2) The management of records as referred to in paragraph (1) shall
include:
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a. vital records;
b. current records;
c. non-current records.
(3) Management of records as referred to in paragraph (1) shall be the responsibility of the
records creator.
(4) Management of archives as
referred to in paragraph (1) shall be the responsibility of the archival
institution.
Part Two
Development
of SKN, Development of SIKN and Establishment of JIKN
Paragraph
1
Development
of SKN
Article
10
(1) The national archival institution
shall be responsible for managing a comprehensive and integrated administration
of records and archives through SKN as referred to in Article 7 letter c in
order to maintain the authenticity and integrity of the records and archives.
(2) SKN as referred to in paragraph
(1) shall apply to the management of records and archives.
Article
11
SKN as referred to in
Article 10 shall have the functions: whereabouts
a. to identify records and archives
which contain relevant information in all archival organizations;
b. to link records and archives as integrated information; and
c. to ensure the availability of authentic, complete, and reliable
records and archives.
Paragraph
2
Development
of SIKN
Article
12
(1) The national archival institution shall develop SIKN as
referred to in Article 7 letter c to provide authentic and complete information
in its effort to establish records and archives as the back bone in managing
the state administration, as a collective
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memory of the nation, and as the back bone
in managing the state administration.
(2) In performing the functions of SIKN, the national archival
institution shall establish the JIKN.
Article
13
SIKN as referred to in
Article 12 shall have the functions to:
a. attain records and archives
management as the back bone in managing the state administration;
b. ensure the accountability of managing the state administration;
c. ensure that the use of information is only by authorized parties;
and
d. ensure the availability of
records and archives as the collective memory of the nation.
Paragraph
3
Establishment
of JIKN
Article
14
(1) JIKN as referred to in
Article 7 letter c shall have the functions to:
a. enhance the access and quality
of records and archives services for the community;
b. enhance the benefits from records and archives for the welfare
of the people; and
c. strengthen the community
participation in managing records and archives .
(2) JIKN shall be implemented by
ANRI as the center of the national network and provincial archives, municipality/city archives, and university archives as part of the network.
Article
15
Further provisions on SKN, SIKN,
and JIKN as referred to in Article 10 through Article 14 shall be governed
under stipulated of a
government regulation.
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Part
Three
Records
and Archives Organizations
Article
16
(1) Archival organizations
consist of records units of the records creator and the archival institution.
(2) A records unit as
referred to in paragraph (1) shall be established by any state institutions,
local governments, state universities, state-owned enterprises (BUMN), and
local government owned enterprises (BUMD).
(3)
Archival institutions as referred to in paragraph (1)consist of:
a. ANRI;
b. provincial archives ;
c. municipality/city
archives ; and
d. university archives units .
(4) Provincial archives are mandatory
to be established by the provincial government, the municipality/city archives are mandatory to be established by the municipality/city government, and the university archives units are mandatory
to be established by the state universities.
Part Four
Records
Units
Article
17
(1) The records unit of the records
creator as referred to in Article 16 paragraph (1) shall function in:
a. managing non-current records of the processing unit in the relevant organization;
b. managing and presenting
records as information;
c. destroying and disposing records of the relevant organization;
d. transferring archives
by the head of the records creator to an archival institution; and
e. developing and evaluating the
administration of records and archives in the relevant organization.
(2) A records unit of a state
institution is positioned under the secretariat of each state institution in
accordance with the organizational structure.
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(3) A records unit in a state institution as
referred to in paragraph (2) shall function in:
a.
managing
inactive records from the processing unit in the relevant organization;
b. managing and presenting records
as information within the framework of SKN and SIKN;;
c.
destroying
and disposing records in the relevant organization;
d.
preparing the transfer of archives by
the head of the records creator to ANRI; and
e. supervision and evaluating the administration of records and archives in the
relevant organization.
Article
18
(1) A records unit in a state
institution shall be under The
Provincial and Minicipality/city unit (work unit) (satuan kerja perangkat daerah) and under the
administrator of the local government.
(2) A records unit as referred to in paragraph (1) shall have the
duties:
a. to manage non-current records from the processing unit in a work unit and under the administrator of local government;
b. to destroy and dispose records of a work unit
and of the administrator of local government;
c. to prepare the transfer of archives by the work unit and the administrator of local
government to local archives institutions; and
d. to implement supervision and
evaluation as part of administering the records and archives of the relevant
organization.
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