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The Student Executive Board of the University of Indonesia (BEM UI) made a statement on the dissolution of FPI. BEM UI criticized the dissolution of mass organizations without going through a judicial mechanism.
The attitude statement was delivered by BEM UI on Sunday (3/1/2021) yesterday. In its statement, BEM UI highlighted the Ministerial Decree that was used as the basis for the dissolution of the FPI.
The director of BEM UI, Fajar Adi Nugroho, assessed that the Ministerial Decree issued yesterday was not in line with the use of Law number 17 of 2003 that was amended by Perppu number 2 of 2017. Fajar said that this step does not reflect Indonesia as the rule of law.
“The procedure and basis for the decision to ban social organizations do not reflect Indonesia as a law-based state, as emphasized in Article 1 Paragraph (3) of the Constitution of the Republic of Indonesia of 1945, as amended by Government Regulation to replace Law Number 2 of 2017 on Reforms to Law Number 17 of 2013 on Community Organizations (“Ormas Law”) that repeals the judicial mechanism in the process of dissolution of social organizations, “Fajar said in his statement, cited by detikcom. , Monday (1/4/2021).
Dawn then turned to former MK chief Jimly Asshidiqi’s explanation of laws and laws that cannot be set unilaterally. According to him, the law cannot be formed to guarantee the interests of a few people in power.
As explained by Prof. Dr. Jimly Asshidiqie, SH affirmed that the laws and regulations that are applied should not be established and applied unilaterally by and / or only for the benefit of the authorities against the principles of democracy. “It is not about guaranteeing only the interests of a handful of people in power, but about guaranteeing that the interests will be fair to all without exception,” he said.
Not only that, Fajar also criticized Decree No. 1 / Mak / I / 2021 on compliance with the prohibition of activities, the use of symbols and attributes and the termination of FPI activities. According to him, the Decree of the Chief of Police number 2d containing the prohibition of accessing, uploading and disseminating FPI related content both through websites and social networks tends to be problematic.
“In fact, access to Internet content is part of the right to information guaranteed by the provisions of article 28F of the 1945 Constitution and article 14 of the Human Rights Law. The Decree of the Chief of Police a quo, of course, they will be used as law enforcement officers to carry out repressive actions and silencing, especially in the field of electronics, “he said.
Please see BEM UI’s full position statement regarding the dissolution of FPI on the next page.