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Jakarta, CNN Indonesia –
The newly formed Islamic Association Front established its position on Wednesday (12/30) evening, evaluating the central government’s action to ban the organization of the Islamic Defenders Front (REIT) through a Joint Decree (SKB) violates the constitution.
For information, the United Islamic Front is a replacement organization for the FPI. The FPI itself was known before being banned by the government, which had existed in Indonesia since 1998 under its leadership. Rizieq Shihab.
“This is because the Joint Decree violates the constitution and is against the law,” said the official statement of the Islamic United Front, on Wednesday (12/30).
The front stated that in substance the SKB signed by the six ministers / heads of the institution had no legal power either from a legality perspective or from a legitimate perspective.
They claimed that the Decree of the Minister of the Interior, Menkumham, Menkominfo, Attorney General, Chief of Police and BNPT was a violation of Article 28E paragraph (3) of the Constitution of the 1945 Constitution, Article 24 of Law No. 39 of 1999 on Human Rights and Judgment 82 / PPU-XI / 2013 of the Constitutional Court. This is because the right of association is a human right that can only be reduced in an emergency.
So, based on Law Number 17 of 2014 jo. Not the US. 16 of 2017 Article 80, that the joint decision of six government agencies is not based on the law. He said that Article 80 only regulates organizations of legal persons, and even then by revoking the status of legal person.
Furthermore, based on Ruling 82 / PPU-XI / 2013 of the Constitutional Court, the legal considerations page 125 establishes that ‘an organization can register at all levels of the government agency authorized to do so.
On the other hand, based on the principle of freedom of association and association, an Ormas that does not register with the authorized government agency does not receive services from the government (state), but cannot determine the Ormas as a prohibited Ormas, or the state You cannot prohibit Ormas activities while you are not carrying out activities. that disrupts security, public order or commits a violation of the law. ‘
“Therefore, the ban is clearly contrary to applicable law,” said the Islamic United Front which was declared by 19 figures.
For information, the government previously announced a ban on FPI based on a 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 on the prohibition of activities that use symbols and attributes and endings of FPI.
The coordinating minister for Political, Legal and Security Affairs, Mahfud MD, described the FPI as a prohibited organization and no longer owns it Legal stay both as mass organizations and ordinary organizations.
There are at least six reasons underlying the ban, including the maintenance of the existence of ideology and state consensus, the content of the FPI statutes is considered contrary to the Orms Law, the FPI is said to have not extended its Certificate of Registration as Ormas and, several officials and members of the FPI are involved in terrorism and other criminal acts. .
Following the announcement of the decree, the police, supported by TNI, carried out operations in the Petamburan area, which is the headquarters of the FPI. The police emphasized that there should no longer be any attributes or activities of the FPI due to the enactment of the SKB as of December 30, 2020.
(dmi / child)
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