21November2017

Home Editorial Pros and cons of government regulation to disband mass organizations against Pancasila

Pros and cons of government regulation to disband mass organizations against Pancasila

The collapse of New Order and emerging reform era in 1998 has brought about benefits through the beginning of the era of freedom to express and to organize. In the era of reform, various social, political organizations and mass organization have existed and rallies of demonstration are increasingly free to resist opposing or other peaceful action against a policy by the government. However by the existence of the organizations that often stage rallies or brutal actions; some of them are good and some are anarchic. They are against the existing law that has been established by the government. As a result, the government has issued a regulation on the mass organizations.

In response, Chairman of Commission III of the House of Representatives –DPR, Bambang Soesatyo says that although the government regulation (Perppu) has been issued, the disbanding of radical mass organizations through the court could be continued. He remarked that the issuance of the Perppu of radical mass organizations is the responsibility of the President to maintain the security of Indonesian republic. The move is in accordance with the authority of the President as head of state. In the mechanism, the DPR has the right to reject or accept the government's proposed regulation.

Meanwhile, Coordinating Minister for Political, Legal and Security Affairs, Wiranto said on Wednesday (July 12, 2017) that the law No. 17/2013 on mass organizations is weak in terms of substance related norms, prohibitions and sanctions, and legal procedures. It is viewed unaccommodating the principle of law. He views that the administration of contrario actus whichmeans that in principle, the issuing institution is the one which has the authority to disband or cancel it. Thus, the government issued a government regulation in Lieu of Law No. 2/2017 to correct the weakness of the old law.

Meanwhile,  a law expert and lawyer, Yusril Ihza Mahendra views that the contents of this government regulation is setback of democracy in this country. The regulation opens opportunities for an arbitrary and inconsistent matter with the ideals of reform. He also perceives that law No. 17/2013 on existing mass organizations should be good enough. The law stipulates that the government is not easy to disband mass organizations, but must first take a persuasive step, give a written warning, and stop the temporary activities to the organization. If it is ineffective and the government is willing to disband it, the government should sue through court approval before disbanding the organization.

Disbanding an organization is the task of the government in a bid to control the situation and conditions. However, before the formal termination, there should be mechanisms and reasons for the underlying reasons why the organization is disbanded. In addition, the foundation of an official organization should also refer to the provisions and requirements that have been made by the government, which is summarized from the input of various scholars and public figures. But, it also does not mean that based on discrepancies and differences of ideas, Indonesian people have to be hostile. Solution must be found and this must also be mutually beneficial to both sides for the sake of people’s benefits.

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