KETERBUKAAN INFORMASI TERHADAP PUTUSAN YANG TIDAK DIPUBLIKASIKAN

Abstract

Public information disclosure is a crucial aspect of realizing good, transparent, and accountable governance. Public information encompasses all data managed and generated by the government; judicial rulings constitute a form of information that must be available at all times and accessible to the public. Specifically, court rulings and orders that have attained permanent legal force are types of information required to be published by uploading them to court websites. However, there have been instances where divorce rulings initially published were subsequently withdrawn from public access based on grounds that did not meet the criteria for exemption. This study aims to analyze public information disclosure regarding unpublished court rulings, focusing on the implementation of Law Number 14 of 2008 concerning Public Information Disclosure. It examines cases where court rulings originally available in public directories in accordance with statutory regulations had their access restricted in a manner inconsistent with the rules governing access limitations. The study evaluates these court rulings through the lens of public information service standards as stipulated in the 2022 Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia. A normative legal research method was employed, utilizing both statutory and conceptual approaches. The findings indicate that restricting access to these rulings is not fully aligned with the principles of public information disclosure, particularly regarding judicial transparency and accountability. Consequently, the failure to publish these rulings diminishes judicial transparency and accountability, fundamentally violating the constitutional rights of information seekers.