ANALISIS PERTIMBANGAN MAJELIS KOMISIONER DAN HAKIM DALAM MENETAPKAN KRITERIA JENIS INFOMASI WARKAH DAN PIHAK LAIN YANG MEMPUNYAI KEPENTINGAN ATAS BIDANG TANAH PADA SENGKETA INFORMASI PUBLIK (STUDI PUTUSAN KOMISI INFORMASI DAN PENGADILAN TATA USAHA NEGARA (PTUN) TAHUN 2013-2024)
Dimas Prakoso, 4. Prof. Dr. Mailinda Eka Yuniza, S.H., LL.M
2025 | Tesis | S2 Magister Kenotariatan
ABSTRACT
This study aims to determine and analyze the comparison between the Information Commission's decision and the Administrative Court's decision in declaring information as open or exempted and in declaring the information applicant/objector as an interested party or not an interested party in the land area.
This research is normative legal research. The data used in this research consists of primary and secondary data. The methods and tools used to collect data in this research are as follows: primary data was obtained through interviews with informants, while secondary data was obtained through literature study. Data analysis was conducted qualitatively in the form of problem description or description.
This study shows two conclusions. First, the Information Commission views archival information as information that is open in principle, unless it can be proven that there are reasons for exclusion. Conversely, the Administrative Court paradigm views archival information as information that is not automatically open, so access to it must be strictly proven based on positive legal norms. The differences in these considerations indicate that there is no uniform legal standard for determining the limits of information disclosure, thereby creating potential uncertainty in the application of the principle of public information disclosure in the field of land.
Second, implementation of the Administrative Court's decision stating that land certificates are public information open to the Respondent to the Objection, formerly the Information Applicant, shows a positive pattern where the data indicates that of the 6 Administrative Court decisions stating that land certificate information is essentially open, no request for execution was submitted. This indicates the compliance of the land office in implementing the contents of the decision and there was 1 decision at the cassation level which overturned the Administrative Court decision (which had previously overturned the information commission's decision) stating that the requested information was essentially open, an execution request was filed, and the execution was carried out properly.
Keywords: Warkah, interested parties, public information disputes.
Kata Kunci : Warkah, pihak yang berkepentingan, sengketa informasi publik.