The KIA Decides that HGU Data is Open Information and Orders the Aceh BPN to Cancel the Consequence Test Sheet

Banda Aceh, March 4, 2026. Through Decision Number 049/XII/KIA-PS-A/2025, the Aceh Information Commission (KIA) ruled that Land Use Rights (HGU) data is open to the public. It then ordered the Aceh Provincial National Land Agency (BPN) to cancel the consequence test sheet Number B/UP.04.07/101-11/II/2026 dated February 10, 2026, and conduct a consequence test, in accordance with statutory provisions.

The decision was read by M. Nasir, Chairman of the Panel, Junaidi and Sabri as Panel Members, in an open public hearing for the Settlement of Public Information Disputes in case register 049/XII/KIA-PS/2025 filed by the Aceh Forest, Nature and Environment Foundation (HAkA) against the National Land Agency (BPN) of Aceh Province, on March 4, 2026 in the courtroom of the KIA office.

Based on the facts of the trial, the Board of Commissioners is of the opinion that the Applicant is the party who has the right to know the requested information (right to know). That the Applicant is a legal entity whose deed of establishment has been approved by the Ministry of Law and Human Rights and has been announced in the State Gazette of the Republic of Indonesia. That the information requested by the Applicant is information that can be disclosed and is fully controlled by the Respondent. That the Consequence Test Result Sheet Number B/UP.04.07/101-11/II/2026 dated February 10, 2026 does not comply with applicable provisions.

Previously, the HAkA Foundation (Applicant) submitted a letter requesting information through letter Number 291/SRP/HakA/X/2025, dated October 13, 2025 Regarding the Information Request to the Head of the Regional Office of the National Land Agency of Aceh Province (Respondent), regarding a Copy of the Right to Cultivate (HGU) Document of PT. Tegas Nusantara, which contains information regarding the HGU owner, HGU designation, HGU expiration period, HGU area and HGU map, as well as a Copy of the Decree of the Head of BPN Number 34/HGU/BPN/2002 as the basis for registering the HGU of PT. Tegas Nusantara. According to the Respondent, the information requested is excluded information. Therefore, the HAkA Foundation submitted a Request for Public Information Dispute Resolution to the Aceh Information Commission dated December 18, 2025 to the Aceh Information Commission.

The Aceh Information Commission resolves information disputes through Non-litigation Adjudication. In the evidentiary hearing, the Applicant submitted statements and a number of written evidence, including the jurisprudence of the Supreme Court decision No. 121/K/TUN/2017 and Decision Number: 57/XII/KIP-PS-M-A/2015 of the Central Information Commission of the Republic of Indonesia, dated July 22, 2016. Likewise, the Respondent submitted statements and written evidence, including a photocopy of the Consequence Test Sheet Number B/UP.04.07/101-11/II/2026 dated February 10, 2026.

Regarding this decision, if within 14 working days of receiving a copy of the decision there is no further legal action (objection) from the Respondent, then the decision of the Aceh Information Commission has permanent legal force (inkrah) so that the Applicant can request an execution order from the Head of the authorized Court.

The Aceh Information Commission hopes this ruling will serve as a legal guideline for anyone interested in HGU data in Aceh. Likewise, it expects public bodies to comply with every request for HGU information, preventing similar cases from being litigated before the Aceh Information Commission.

Source: Press Release of the Aceh Information Commission

Leader: Junaidi