[ad_1]
The Commission for Missing Persons and Victims of Violence (KontraS), together with several organizations that are members of the Civil Society Coalition, believe that the Joint Decree (SKB) that prohibits FPI by the government goes against the principles of the rule of law. This is because the SKB is based on the Ormas Law, which is seen as problematic from a rule of law perspective.
“The Joint Decree on the Prohibition of Activities, Use of Symbols and Attributes, and Termination of Activities of the Islamic Defenders Front (hereinafter abbreviated as the FPI SKB) contradicts the principles of the rule of law, particularly with regard to freedom of partnership and partnership, “KontraS wrote in a written statement on Wednesday (12/29/2020).
The Civil Society Coalition is made up of LBH Masyarakat (LBHM), Press Legal Aid Institute (LBH Pers), PBHI (Indonesian Human Rights and Legal Aid Association), PSHK (Center for Law and Policy Studies), SAFENET ( Southeast Asia Freedom of Expression Network), YLBHI (Indonesian Legal Aid Foundation), YPII (Indonesian Human Protection Foundation).
According to this coalition, it is not appropriate to use the Ormas Law as a basis for the prohibition of the FPI. This is because the Law of Ormas has been problematic from the beginning.
“The FPI SKB, on the one hand, is based on Law Number 17 of 2013 on Community Organization modified by Law Number 16 of 2017 (hereinafter abbreviated as Ormas Law) which is conceptually very problematic from the perspective of the rule of law. The Ormas Law allows the government to unilaterally dissolve the organization without going through a judicial process, ”he said.
Here are some of the problems in the SKB according to KontraS et al:
1) A statement that an organization that does not renew or does not have a Certificate of Registration (SKT), in this case the Islamic Defenders Front (FPI) as an organization that has de jure dissolved, is not correct. The Ruling of the Constitutional Court No. 82 / PUU-XI / 2013 has established that paragraph 3 of article 16 and article 18 of the Ormas Law, which requires organizations to have an SKT, contradicts the Constitution of 1945. In Consequently, organizations that do not have an SKT are classified as “unregistered organizations”, undeclared or considered legally dissolved.
2) Since the FPI cannot be declared de jure dissolved solely on the basis of not expanding the SKT, the prohibition of activities and the use of symbols and attributes of the FPI has no legal basis. Article 59 of the Ormas Law only prohibits activities that essentially disturb public order and / or violate legal regulations. The Ormas Law does not prohibit a social organization from carrying out activities as long as it does not violate the provisions of article 59.
3) The FPI SKB makes the problematic Law of Orms the conceptual legal basis. Since the Law no. 17 of 2013 on Community Organization amended by Perppu No. 2 of 2017 and subsequently approved as Law no. On 16, 2017, the process of dissolution of social organizations is no longer through a judicial mechanism, but is only carried out unilaterally by the government. Since this change, at least two organizations have been dissolved, namely Hizbut Tahrir Indonesia (HTI) and the ILUNI UI Association.
Therefore, KontraS et al assessed that the prohibition of IPF is unilaterally contrary to the principles of the rule of law. This coalition addresses the issue of freedom of opinion and association.
“The imposition of sanctions, the prohibition of activities or the unilateral dissolution of organizations using the Ormas Law as a legal basis, is very contrary to the principles of the rule of law, limits civil liberties and is dangerous for the sustainability of democracy”, said.
“That organizations that commit violence, vigilantism, provocation of hatred, need to be resolved by each of their actions firmly and coherently. A dissolution like this is not effective in the long term to overcome civil violence, the provocation of hatred, etc. ., it even undermines the foundations of Indonesian democracy. It is going to make a time bomb. ” added.
Learn more on the next page:
