ANALISIS YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR 471K/TUN/KI/2023 TENTANG PERMOHONAN INFORMASI PUBLIK BERUPA DOKUMEN PERIZINAN PEMBANGUNAN

Abstract

Public information disclosure is a human right guaranteed by the 1945 Constitution and regulated in Law Number 14/2008 on Public Information Disclosure (UU KIP). This research analyzes Supreme Court Decision No. 471K/TUN/KI/2023 regarding a request for public information in the form of development permit documents submitted by Aan Ainur Rofik to the Surabaya City Government. The dispute process started from the East Java Information Commission, the State Administrative Court and was decided by the Supreme Court. The urgency of this research lies in the legal considerations of the judges and the legal consequences of the decision. This research uses normative juridical methods with statutory, case, conceptual approaches and prescriptive analysis techniques. The results show that the verdict is contrary to applicable law, especially regarding the protection of intellectual property rights in the form of copyright and the consequence test carried out on exempt information. In addition, this research underlines the weak consideration of the Supreme Court in the decision to resolve public information disputes related to development permit documents that contain intellectual property rights in the form of copyright. This study recommends the importance of judicial institutions in resolving public information disputes to be guided by applicable provisions, especially copyright laws and the Freedom of Information Law.

Keywords: Public information disclosure, exempt information, intellectual property rights protection, copyright protection, public information disputes.