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Supreme Court Chief Justice Harifin Tumpa on Friday said that parties who do not act in accordance with a recent ruling to disclose tainted baby formula milk could face jail time.

Harifin’s statement comes a day after the Health Ministry announced it would carry out tests on formula milk samples to allay public fears about bacterial contamination. Health Minister Endang Rahayu Sedyaningsih said her office’s research and development agency would work with the Food and Drug Monitoring Agency (BPOM) to test “all brands of baby formula milk out in the market.”

Harifin highlighted the 2008 Freedom of Information Law (KIP) in relation to the case.

“According to the KIP, if a public figure does not disclose [vital] public information then the jail sentences are outlined there,” he said, as quoted by Detik.com news portal. “I forget how many years, but yes, there needs to be a report here [in this case].

“It would be best if the health minister followed this ruling,” Harifin said, adding that the court would issue reminders.

The law is based on Article 28 of the Constitution, which states that access to information is a human right.

In response to Harifin’s statement on Friday, Minister Endang Rahayu said that the ministry had handed the case over to the Attorney General’s Office.

“I have requested the attorney general handle this case. I myself do not know of any progress in this case,” Endang told reporters in South Jakarta, as quoted by Detik.com.

Endang said that if he were sent to prison as a result of the law, it would be for failing to disclose data he did not have.

“So what is your opinion on this? Is this fair?” the minister asked.

Endang on Thursday said the BPOM had regularly tested most brands of infant milk since 2009 to ensure they were free of harmful contaminants.

Endang’s call comes amid growing public demand for the results of an earlier study to be made public.

The controversy stems from a study conducted between 2003 and 2006 by the Bogor Institute of Agriculture (IPB), which found that five out of 22 brands of formula milk it tested were contaminated with the potentially deadly bacteria Enterobacter sakazakii.

In high enough dosages, the bacteria is known to cause diarrhea and even meningitis in newborn babies. An untreated infection is often fatal.

Consumer advocate lawyer David M.L. Tobing then filed a lawsuit with the Supreme Court to get the Health Ministry and the BPOM to disclose the brands.

In April last year, the court ruled that the tainted brands be disclosed, but neither IPB, the BPOM nor the Health Ministry have complied.

Endang said the BPOM usually conducted its tests throughout the year, but with the mounting pressure from consumer groups, the ministry and BPOM would conduct the new tests all at once.

“We’ll immediately take samples from each brand and test them, because it’s impossible to test every single can available,” she said.

Endang also said that National Education Minister Muhammad Nuh had ordered IPB re-conduct its study and publish the results within six months, with the Health Ministry footing the bill for the study.

“I hope we can have a discussion with IPB to ensure that we’re conducting our respective tests with similar methodologies, so there will be no [disputed] results,” the health minister said.