JAKARTA (TheInsiderStories) – A number of non-profit organizations incorporated in the Civil Society Coalition reported the Indonesian Minister of Agrarian Spatial Planning Sofyan Djalil to the Police related to the refusal to open the Cultivation Rights Title (CRT) data. The minister was allegedly violating the criminal provisions in Article 52 of the Public Information Disclosure Act.
“Yes, the report has been received by the police. In the complaint we complained about Minister Djalil regarding his refusal to open CRT data, which he said jeopardized national interests,” said Agung Ady Setyawan, a member of the coalition and campaigner Forest Watch Indonesia (FWI) after reporting in Jakarta, Monday (03/25).
This report regarding the public information dispute against the Papua National Land Agency Regional Office on information on the CRT data of 31 oil palm plantation companies in Papua has been won since May 28, 2018. Only, until now the CRT data has not been opened.
In fact, he continued, CRT is one of the public information that can be accessed by everyone. This refers to the decision of the Public Information Commission (PIC) which won the FWI lawsuit in case Number 057/II/KIP-PS-MA/2015 dated July 22, 2016, which is reinforced by the decision Number 121K/TUN /2017 dated 6 March 2017.
The decision ordered the ministry to open CRT data that is still valid until 2016 in Papua, Central Kalimantan, East Kalimantan, West Kalimantan, South Kalimantan and North Kalimantan both information on the name of the CRT holder, place/location, area of CRT given, type commodity, map of the CRT area that is equipped with coordinates.
Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) has sent a letter of summons to the Djalil to open CRT data on March 11, 2019. However, they feel the minister has ignored this summons until now.
“Djalil said he refused to open CRT data by reason of endangering national interests, in this case protecting the palm oil industry. The minister should submit and implement the ruling, “said the coalition in its official statement.
This is why the coalition considers Djalil to violate Article 52 of the UU PIC. Article 52 reads the Public Agency that deliberately does not provide, does not provide, and/or does not publish Public Information in the form of Periodic Public Information, Public Information that must be announced immediately, Public Information that must be available at any time, and/or Public Information which must be given on the basis of request in accordance with this Act, and resulting in losses for other people subject to a maximum of one year imprisonment and/or a maximum fine of five million rupiah.
In its release, the coalition also included the views of a number of legal experts related to this issue, one of which was from former Chief Justice of the Constitutional Court Mahfud MD. One of Mahfud’s statements is “there is a Public Information Act that requires government institutions to open all information that is not a state secret. CTU is not a state secret. There should be no CTU which is kept secret by the government. You have the right to request that data. If the government refuses it can be challenged with adjudication to the PIC.”
The coalition considers the government is not serious about overcoming agrarian conflicts in the country. The dialogue spaces are expected to bring about fair conflict resolution as if it were closed. The struggle of the people in fighting for land rights often leads to criminalization. With the opening of the CRT data, the coalition considers agrarian conflict to be muted. This is because the opening of the CRT data can unravel the structural inequality of agrarian sources. The coalition will urge the Police to immediately follow up on this complaint.
“Do not let this case be delegated to the regions because the closed information on CRT is a serious matter,” said Greenpeace Indonesia spokesman Asep Komarudin.
He stated the government’s argument did not have a legal basis, contrary to the Public Information Law and which had been broken by the Supreme Court. He argued that overlapping licensing issues, such as plantation permits in conservation forest areas, protected forests, and peatlands, until community conflicts with corporations, will continue to occur in the future.
The coalition consists of Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI), Wahana Lingkungan Hidup Indonesia (Walhi), Forest Watch Indonesia (FWI), Konsorsium Pembaruan Agraria (KPA), Sawit Watch, Greenpeace, Hukum Berbasis Masyarakat dan Ekologis (HUMA), TuK Indonesia, Auriga, Aliansi Masyarakat Adat Nasional (AMAN), Indonesian Center for Environmental Law (ICEL), Lembaga Studi dan Advokasi Masyarakat (Elsam), Jaringan Advokasi Tambang (Jatam) dan LBH Papua dan LBH Banda Aceh.
Written by Lexy Nantu, Email: firstname.lastname@example.org