“There is a Public Information Law that obliges the government institutions to open all information that is not the state’s secret. Right to Cultivate is not the state’s secret—no Right to Cultivate to be concealed by the government. You have the right to request the data. If the government refuses it, they can be put on trial with adjudication to the Central Information Commission.”
(Prof. Dr. Moh Mahfud MD., S.H., S.U, Constitutional Law Expert, Chairman of the Constitutional Court from 2008-2013)
“… Opening the Right to Cultivate data actually reveals the oppression of the people who have been struggled for the return of agrarian rights. Government’s unwillingness to open the Right to Cultivate data is the same as caring for the oppression and deprivation of people’s rights!”
(Dr. Herlambang P. Wiratraman, Director in Center Of Human Rights Law Studies and Lecturer of Constitutional Law, Faculty of Law Universitas Airlangga)
“The refusal to open the Right to Cultivate information to the public that has fulfilled the application procedure is a criminal act. Every criminal complaint by the public regarding “disobedience” conducted by the public officers must be processed. Therefore, the Public Institutions (including leaders and those who give orders) is no longer arbitrary and responsible for their criminal act.”
(Amira Paripurna, S.H., LL.M., Ph.D, Lecturer of Criminal Law Department, Faculty of Law Universitas Airlangga)
There are three fundamental reasons why the Right to Cultivate data is important: 1) As the breaker of agrarian structural inequality; 2) As the breaker of “regulation magic” on agrarian problems; and 3) Inspirational lighter and the domino effect of asymmetric information (Eko Cahyono/Tempo, 21/03).
Thus, the pressure to open the Right to Cultivate has been conducted by civil society to decrease the structural inequality (ownership, control, utilization, distribution, and access) on agrarian resources that has been a fundamental problem of agrarian in this country. One of them has been attempted by LBH (Legal Aid) Papua.
The existence of tropical forests in Papua continues to shrink along with the expansion of palm oil plantations in Papua. Papua Provincial Government data stated that the current area of palm oil plantations in Papua is 958,094.2 ha (not including West Papua). That area is controlled by 79 palm oil plantation companies scattered in various areas such as Merauke, Jayapura, Boven Digoel, Keerom, Sarmi, Waropen, Yahukimo, Nabire, Mimika, and Mappi (Sawit Watch: 2018).
To find out in detail about the data of palm oil companies operated in Papua, Papua Legal Aid submitted the dispute of public information against National Land Agency Regional Office of Papua Province on Right to Cultivate data information of 31 (thirty-one) Palm Oil Plantation Companies. At the end of 2018, Papua Legal Aid won the public information dispute. In Decision Number: 004/III/KI-Papua-PS-A/2018, dated May 28, 2018, the panel of judges decided: “State information submitted by the Petitioner in the Right to Cultivate Documents of 31 (thirty-one) Palm Oil Plantation Companies in Papua Province until 2016-2017 contained detail information, including The Name of Right to Cultivate Concessionaire, Location of Right to Cultivate, Area of Right to Cultivate given, Type of commodity, Map of Right to Cultivate area complete with coordinate points, are open information.” Furthermore, in paragraph 6.3, the verdict said, “Instructing the Respondent to give public information as referred in paragraph [6.2] to the Petitioner no later than 14 Work-days since this decision has permanent legal force (inkracht van gewijde);
However, until this time, the Right to Cultivate data information has not been given to Papua Legal Aid as the Petitioner. Regarding the reason why the National Land Agency Regional Office of Papua Province did not implement the execution of information commission decision because it still refers to the provisions of Article 12 paragraph 4 letter i on National Police Chief Decree of National Land Agency No. 6 0f 2013 regarding the Public Information Service in the National Land Agency of the Republic of Indonesia. These regulations include several exempt information. One of them is “Land book, survey certificate, and land certificate.” Moreover, at the central level, The Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency, Sofyan Djalil, stated refusing to open the Right to Cultivate data because it would endanger the national interests. In this case, it is to protect the palm oil industries.
Responding to this, on March 11, 2019, the Indonesian Legal Aid Foundation has sent the summons letter to the Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency to open the information of Right to Cultivate data. Not only that, on March 14, 2019, the Civil Society Coalition for Advocacy to Open the Right to Cultivate Data conducted a press release, which is essentially regretted the statements of the Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency. Sofyan Djalil stated refusing to open the Right to Cultivate data because it would endanger the national interests.
Since the Final decision of Right to Cultivate information dispute that stated Right to Cultivate information is open information, the Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency should comply and implement the decisions. Article 11 paragraph (2) Public Information Commission Law also stated open information as dispute results would automatically become information that can be accessed by the public in the compulsory category provided anytime. Public institutions that purposely refused to give or released public information that has to be given and cause others’ loss can be punished according to Article 52 Act No. 14 of 2008 regarding the Public Information Disclosure (Public Information Commission Law). Article 52 of Public Commission Law stated, “Public Institutions that purposely do not provide, not give, or not release Public Information in the form of Public Information periodically; Public Information that has to be announced immediately; Public Information that has to be provided any time; or Public Information that has to be given on request according to this Law, and causes a loss for others, would subject to a maximum imprisonment of 1 (one) year and/or a maximum fine of IDR 5,000,000.00 (five million rupiahs). “
Thus, starting from the date of sending summons addressed to the Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency, it has been one week, the Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency does not have good intention to open the Right to Cultivate data that actually has become public information according to the Information Commission Decision with permanent legal force. For this reason, to maintain the supremacy of law principles, the Civil Society Coalition for Advocacy to Open the Right to Cultivate Data reported the Ministry Of Agrarian Affairs And Spatial Planning/National Land Agency to THE CRIMINAL INVESTIGATION DIVISION OF INDONESIAN NATIONAL POLICE. They are strongly suspected of violating the criminal provisions referred to in Article 52 of Public Information Commission Law.
This report is as the public disappointment over the government’s lack of seriousness in resolving agrarian conflicts in the country, which continue to have significant escalation. The dialogue spaces that are expected in realizing a just conflict resolution seem to be “closed” when the people’s struggle to fight for their rights and land often leads to ‘criminalization.’ One of the things is experienced by the Villagers of Lyu River Plantation, Bendahara District, Aceh Tamiang. Wherefore they fight for their land claimed by PT. Rapala, which is part of the company’s Right to Cultivate object, 22 people that one of them is the village head, is criminalized using Article 6 in conjunction with Article 5 of Government Regulation In Lieu of Law No. 51 of 1960. These cases are just a few cases that befell the community in fighting for land rights.
CIVIL SOCIETY COALITION FOR ADVOCACY TO OPEN RIGHT TO CULTIVATE DATA
YLBHI, Eknas WALHI, FWI, KPA, Sawit Watch, Greenpeace, HuMA, TuK Indonesia, Auriga, AMAN, ICEL, ELSAM, JATAM, Victim Representatives from Aceh, LBH Papua, LBH Banda Aceh
- Era Purnama Sari, Deputy Chairperson of Advocacy at YLBHI (081210322745)
- Asep Komarudin, Forest Campaigner of Greenpeace Indonesia (081310728770)
- Ronal M. Siahaan, Manager of Environmental Law and Litigation Walhi (087775607994)
- Beni Wijaya, Head of the Campaign Department for the Agrarian Reform Consortium (085363066036)
- Arman, Director of Policy Advocacy, Law and Human Rights, AMAN (081218791131)
- Agung Ady Setyawan, Campaigner of Forest Watch Indonesia 085783517913
- Vera Falinda, Officer Program TuK Indonesia (082177889183)
- Mega Dwi Yulyandini, Advocacy Staff and Campaign Of HuMa (081217135686)
- Muhammad Busyrol Fuad, Legal Advocacy Staff of ELSAM (085655004863)
- Wida Nindita, Data Analysis and Management Staff Of Sawit Watch (087873904204)
- Papua Legal Aid
- Banda Aceh Legal Aid