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Jakarta, CNN Indonesia –
Former President of the Constitutional Court (MK) Hamdan zoelva call the Front of Islamic Defenders (REIT) is not a type of banned organization like the Communist Party of Indonesia (PKI). This refers to the statutory regulations and at the same time to the declaration of the government declaring the dissolution of FPI.
The government, through a Joint Decree (SKB) signed by six ministries and institutions, classified the FPI as a prohibited organization and it was dissolved since 2019 because it did not request a permit from the Ministry of Law and Human Rights (Kemenkumham).
Zoelva said that through a tweet on her official Twitter account @hamdanzoelva, the government stated that the FPI had de jure dissolved because it was not registered with the government.
“By carefully reading the government decision regarding the FPI, in essence it stated that the FPI mass organizations are de jure dissolved because they are not registered. It is forbidden to carry out activities with symbols or attributes of the FPI, and the government will stop if the FPI is active, “Zoelva said on Twitter. Monday (4/1).
However, he said, referring to the dissolution of the FPI is not a forbidden mass organization. He gave an example of the prohibited mass organization that is clearly regulated by law is the PKI.
He stated that the PKI was clearly prohibited according to Law Number 27 of 1999 of article 107a of the Penal Code, which establishes that the dissemination and development of the teachings of communism / Marxism-Leninism is a crime that can be convicted.
Meanwhile, the dissolution of the FPI was not due to a prohibited organization, but rather to the fact that it did not legally process documents with the Ministry of Law and Human Rights.
Therefore, said Zoelva, there are no criminal provisions that can catch any citizen circulating the content of the FPI.
“There is no criminal provision that prohibits the dissemination of FPI content, therefore, anyone who circulates FPI content cannot be convicted. Again, the object of the prohibition is activities that use symbols or attributes of FPI by FPI, “he said.
It also revealed about the decision of the Constitutional Court Number 82/82 / PUU-XI / 2013 that explained the three types of mass organizations recognized by the state, namely, organizations that have legal persons, registered organizations and finally organizations not registered.
“Unregistered mass organizations do not receive government services in all their activities, while registered mass organizations receive state services,” he said.
However, he said, the law does not actually require a mass organization to be registered or have a legal entity because the right of assembly and association is protected by the constitution.
“The state can only prohibit the activities of mass organizations if their activities interfere with security and public order or violate religious and moral values,” he said.
On the other hand, the state or government can cancel the legal entity of a mass organization or revoke the registration of an organization so that it is not entitled to receive services from the state if it violates the prohibitions stipulated by law.
“The state can ban an organization if it is shown to be a terrorist organization or affiliated with a terrorist organization, or it turns out that the organization is a communist organization or a criminal organization,” he said.
The government officially announced the FPI as a banned organization through the SKB of six high-ranking ministry / agency officials on December 30. The government now prohibits all activities and use of the FPI symbol on Indonesian territory.
It is known that, after being dissolved by the government, the FPI changed its name to the Islamic Association Front. There are 19 statements from the Islamic Association Front that oppose the dissolution of the FPI.
Among the declarants from the Islamic United Front was the former president of the FPI, Ahmad Sabri Lubis. Then Munarman, who was once the General Secretary of the FPI.
(tst / psp)
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