Fiat Justisia (Apr 2023)

Transparency in the Plantation Sector: Access to Cultivation Rights Title Documents

  • Herry M. Polontoh

DOI
https://doi.org/10.25041/fiatjustisia.v17no2.2896
Journal volume & issue
Vol. 17, no. 2
pp. 143 – 152

Abstract

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This empirical legal research analyzes the implementation of the principle of transparency by the National Land Agency regarding access to cultivation rights title documents in the plantation sector, conducted at the Office of the National Land Agency in Gorontalo District, Gorontalo Province, Indonesia. The findings reveal that the Agency has not effectively implemented the transparency principle as mandated by the Supreme Court in Decision No. 121 K/TUN/2017, primarily because it classifies cultivation right title documents as confidential. This classification leads to the conclusion that public disclosure would violate corporate privacy provisions and applicable regulations. Additionally, the Agency's adherence to professionalism and existing regulations further hinders the accessibility of these documents, highlighting significant challenges in achieving transparency within land governance in the plantation sector.

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