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Jakarta –
The government banned the Islamic Defenders Front (FPI) on December 30, 2020 and declared that the organization had been dissolved. Former President of the Constitutional Court (MK) Hamdan Zoelva gave his opinion on the decision.
That opinion was expressed on the Twitter account @hamdanzoelva, on Monday (1/4/2021). “Yes, I do to write. It can be quoted, “Hamdan said when confirmed about the truth of the taunts of detikcom.
The following is Hamdan Zoelva’s take on the FPI ban:
1. Read carefully the government decision regarding FPI, in essence it states that FPI Ormas was dissolved de jure because they are no longer registered. It prohibits the conduct of activities using symbols or attributes of FPI, and the Government will stop doing so if FPI conducts activities.
2. This means that the FPI is not a prohibited mass organization like the PKI, but an organization declared legally dissolved and prohibited from carrying out activities using the FPI symbol or symbol.
3. Unlike the Communist Party of Indonesia, which is a prohibited party and according to Law 27/1999 (Article 107a of the Penal Code), spreading and developing the teachings of communism / Marxism-Leninism, is a crime that can be punished.
4. There are no criminal provisions that prohibit the distribution of FPI content. Therefore, no one can be convicted of circulating FPI content. Again, the object of the ban is activities that use symbols or attributes FPI by FPI.
5. According to the Ruling of the Constitutional Court No. 82 / PUU-XI / 2013, there are three types of Ormas, namely, Organizations of legal entities, Registered Orms and unregistered Orms. Unregistered mass organizations do not receive government services in all their activities, while registered mass organizations receive state services.
6. The law does not require that an Ormas be registered or have a legal entity. Because the right of assembly and association is protected by the constitution. The state can only prohibit Ormas activities if their activities interfere with security and public order or violate religious and moral values.
7. The state can also cancel the legal entity of an Ormas or revoke the registration of an Ormas so that it is not entitled to receive services from the state if it violates the prohibitions stipulated by law.
8. The state can ban an organization if it is shown to be a terrorist organization or affiliated with a terrorist organization, or if the organization is determined to be a communist organization or a criminal organization.
(asp / gbr)
