The Indonesian Ombudsman issued a recommendation to the Secretary-General as the Supervisor of the Information and Documentation Management Officer (PPID) of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) to carry out information on business rights documents as the court's decision has permanent legal force.
The recommendations were signed on December 30, 2022 and have been submitted in writing through the letter of the Chairman of the Indonesian Ombudsman dated January 9, 2023.
"This recommendation is the last attempt from the Ombudsman to get a positive response from the reported party, so we hope that ATR/BPN will give a positive response to efforts to resolve public reports," said Chairman of the Indonesian Ombudsman Mokhammad Najih during a press conference, in Jakarta, Friday, January 27, confiscated by Antara.
The rights to use (HGU) document requested by Forest Watch Indonesia (FWI) as the reporter, namely the HGU document for oil palm plantations in the provinces of Central Kalimantan, West Kalimantan, East Kalimantan, South Kalimantan, and North Kalimantan, which is needed by reporters for the study of the development of palm oil on the island of Kalimantan.
Najih said that in the end the Indonesian Ombudsman had to issue a recommendation to the subordinates of the Minister of ATR/BPN Hadi Tjahjanto after carrying out the process of the stages of examination efforts and the completion process through a resolution and monitoring mechanism.
Then, it was found that there was maladministration by PPID of the Ministry of ATR/BPN in the form of delaying information in the form of HGU even though there was a court decision that had permanent legal force.
He explained that previously the issue had gone through a series of feasibility tests for information, namely through the decision of the Central Information Commission Number 057/XII/PS-M-A/2015 dated July 22, 2016.
Then it was strengthened by the decision of the Jakarta State Administrative Court Number 02/G/KI/2016.PTUN-JKT dated December 14, 2016 and the Supreme Court Decision Number 122/K/TUN/2017 dated March 6, 2017 in conjunction with the Decision of the Supreme Court of the Republic of Indonesia Number 61 PK/TUN/KI/2020 dated March 26, 2020.
"The Ombudsman recommendation is a legal product of the Ombudsman after various efforts from the Ombudsman's examination, then the corrective action submitted by LAHP (The Final Report on Examination Results) and through the monitoring and resolution process which then reaches the final stage, namely recommendations," he said.
Najih said the Indonesian Ombudsman would continue to monitor and provide the Ministry of ATR/BPN with no later than 60 days to implement these recommendations, as stated in Article 38 paragraph (4) of Law Number 37 of 2008.
"If 60 days there is no real implementation, we will have further action, so we will convey it to the President," he said.
Expert Staff of the Ministry of ATR/BPN for Bureaucratic Reform as Acting Secretary General of the Ministry of ATR/BPN Gunawan Muhammad said his party together with other relevant stakeholders would conduct discussions in early February to follow up on the recommendations issued by the Indonesian Ombudsman.
"Next week, the plan is to discuss the recommendations that have been submitted," said Gunawan.
In addition, Gunawan said that the Ministry of ATR/BPN is currently also finalizing standard operating procedures (SOP) related to providing public information regarding land data. He said the SOP was needed because land data was a sensitive and complicated issue.
Some of these things are a bit 'complicated' and sensitive, so we really need an SOP related to providing information for this land data, which hopefully we can close in the near future," he also said.
Meanwhile, FWI Campaigner Agung Ady Setiawan responded positively and appreciated the issuance of the recommendation by the Indonesian Ombudsman.
He said the recommendation was something that was eagerly awaited because the effort to obtain information about the HGU from the Ministry of ATR/BPN had been fought for by his party for seven years through various processes.
"So indeed the results of the recommendation from the Indonesian Ombudsman are something we can be proud of because indeed the results of some of the points mentioned earlier are indeed in line with the results of the decisions that have been studied and researched," he said again.
In addition to realizing good and sustainable governance, he hopes that with the disclosure of information about the HGU, it can be a solution to the many problems that overlap in the forest and land sectors, as well as causing social conflicts in the community.
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