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TEMPO.CO, Jakarta -The Legal Advisor of the Islamic Defenders Front (FPI) has stated that they cannot sue the Joint Decree (SKB) of six ministers / heads of institutions in the State Administrative Court (PTUN). “No (like this). We suspect that it is a civilization crap, so it is a waste of energy to take care of it,” said Aziz Yanuar, a member of the FPI legal team when it was confirmed, on Thursday, December 31, 2020.
The government previously announced the prohibition of the FPI based on the Joint Decree of the Minister of the Interior, Menkumham, Menkominfo, Attorney General, Chief of Police and Head of BNPT Number 220/4780 of 2020, Number 264 of 2020, Kb / 3/12 / 2020 regarding the prohibition of activities to use symbols and attributes, as well as termination of FPI.
FPI’s attorney reviewed the options to sue PTUN in response to the government’s decision. However, the plan was carried out. Constitutional law expert Bivitri Susanti said that the SKB of the six ministers / heads of the institution was smart and difficult to challenge.
The decree said that the FPI had ‘dissolved’ de jure‘because since June 21, 2019 it has not expanded SKT. “However, this decree does not say that the FPI is a ‘prohibited’ organization (which has no legal basis), it does not say ‘dissolved’ (because it is easy to protest against freedom of association), nor does it say that the FPI is not legal because the ruling of the Constitutional Court says SKT is not a requirement of legality, “Bivitri said when contacted Time on Wednesday, December 30, 2020.
But then, said Bivitri, the second said SKB said; The Islamic Defenders Front as a social organization de jure It has been dissolved, in fact it continues to carry out various activities that disturb the peace, public order and are contrary to the law.
“Well here comes the role of the police, BNPT and others, the ministries / institutions that are the signatories of this SKB to take action,” he said.
According to Bivitri, this SKB did not dissolve the organization as was the case with HTI. However, in essence, it has effectively prohibited FPI from engaging in activities and using its official name.
“People can argue here because SKB’s maker smartly doesn’t use the word dissolve, so it’s hard to be formally sued. But if you see the goal of banning, this SKB is effective,” Bivitri said.
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