Individual Information on HGU for Palm-Oil Plantations Designated Strictly Confidential

  • In the wake of the Coordinating Ministry of Economic Affairs decision to prohibit the disclosure of all data and information relating to Right-to-Cultivate (“HGU”) land titles for palm-oil plantations, a number of civil, non-governmental organizations have asserted that this policy is in direct contradiction with a number of decisions previously rendered by both the Central Information Commission and the Supreme Court, which have ruled that information relating to HGU is to be considered in the public domain.
  • However, in spite of these rulings, Sofyan Djalil, the Minister for Agrarian Affairs and Spatial Planning/Head of National Land Agency has consistently refused to disclose any individual HGU information in relation to palm-oil plantations. According to Djalil, HGU information relating to companies is to be considered both sensitive and confidential and is thus entitled to protection. However, it is permitted to publish broader, less specific HGU-related information, including the total number of HGU which are granted for use by palm-oil plantations.
  • Mr. Djalil’s proposed solution to this issue has been to advise any parties wishing to access information on HGU to submit their applications to the Ministry of Agrarian Affairs and Spatial Planning/Head of National Land Agency for a fee of IDR 50,000. If this procedure is not followed, then HGU-related information cannot be disclosed.
  • For more on this story, see: “Polemik Keterbukaan Informasi HGU, Begini Penjelasan Menteri ATR/BPN”.
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  • In the wake of the Coordinating Ministry of Economic Affairs decision to prohibit the disclosure of all data and information relating to Right-to-Cultivate (“HGU”) land titles for palm-oil plantations, a number of civil, non-governmental organizations have asserted that this policy is in direct contradiction with a number of decisions previously rendered by both the Central Information Commission and the Supreme Court, which have ruled that information relating to HGU is to be considered in the public domain.
  • However, in spite of these rulings, Sofyan Djalil, the Minister for Agrarian Affairs and Spatial Planning/Head of National Land Agency has consistently refused to disclose any individual HGU information in relation to palm-oil plantations. According to Djalil, HGU information relating to companies is to be considered both sensitive and confidential and is thus entitled to protection. However, it is permitted to publish broader, less specific HGU-related information, including the total number of HGU which are granted for use by palm-oil plantations.
  • Mr. Djalil’s proposed solution to this issue has been to advise any parties wishing to access information on HGU to submit their applications to the Ministry of Agrarian Affairs and Spatial Planning/Head of National Land Agency for a fee of IDR 50,000. If this procedure is not followed, then HGU-related information cannot be disclosed.
  • For more on this story, see: “Polemik Keterbukaan Informasi HGU, Begini Penjelasan Menteri ATR/BPN”.
......

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