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TEMPO.CO, Jakarta -The Constitutional Law expert, Bivitri Susanti, assessed that the government’s decision to prohibit all forms of activities of the Islamic Defenders Front (FPI) through a joint decree of six ministers / heads of institutions signed on December 30, 2020, is legally positive and can be justified.
The legal basis for this SKB is Law Number 16 of 2017 on the Stipulation of Government Regulations to Replace Law Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Community Organizations.
“However, in this context, we still have to blame the legal construction of the Law of Organization of Masses that allows restrictions on the organization,” he added.
Bivitri said when contacted by Tempo on Wednesday, December 30, 2020.
The Law of Mass Organizations, Bivitri said, opens opportunities for prohibition and dissolution with the SKT and the dissolution mechanism without trial. “This opportunity is being seized by this decree. Ideally, going back to principles, the dissolution can be done through the court, not by the government,” he said.
According to article 59 of the Ormas Law, there are a number of provisions that stipulate the conditions for the prohibition of an organization. Two of them; commit acts of violence, disturb the peace and public order, or destroy public facilities and social facilities and carry out activities that are the duty and authority of law enforcement officials in accordance with legal and regulatory provisions.
“In fact, the FPI often violates public order and security. That is also a fact. And regarding this action, whether there is a decree or not, law enforcement officers could still take action against them if would like, “he said.
And the government, Bivitri continued, has many legal instruments that can be used, such as the Penal Code. “The problem is that the law is not applied consistently, it becomes political game material. So in the end it seems that the SKB needs to be issued. Even without the SKB, if an act does violate the law, you will be punished, yes, of course you can, “he said.
Joint decree of the Minister of the Interior, Minister of Law and Human Rights, Minister of Communications and Information Technology, Attorney General, Head of the State Intelligence Agency and Head of the National Agency Against Terrorism, number 220-4780 of 2020 number M.HH-14.HH05.05 2020 Today is published number 690 of 2020, number 264 of 2020, number KB / 3 / XII 2020, number 320 of 2020, relating to the prohibition of activities to use symbols and attributes, as well as the termination of activities of the Islamic Defenders Front.
In your consideration, there are at least 7 reasons for the government to prohibit the FPI from carrying out activities. The first is the accusation that the content of the statutes of the Islamic Defenders Front goes against the laws and regulations that govern the affairs of the Community Organization.
Also, the FPI (SKT) registered certificate as Ormas in the Ministry of the Interior, its validity period is said to have expired on June 20, 2019. “
Another reason used is the accusation that FPI officials and members or who have joined FPI members are often involved in crimes and even acts of terrorism.
Furthermore, it is said that the FPI often carried out raids or searches if, according to its own judgment or suspicion, there had been a violation of legal provisions. Indeed, this is the duty and authority of law enforcement officials.
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