The Strategic Importance of The Government Regulation in Lieu of Law No 2 of 2017

By : Amril Jambak

On May 8, 2017 Coordinating Minister for Political, Law, Human Right and Security Affairs General Wiranto in front of a special Press Conference said, the Government shall dissolve HTI because ideologically  and politically  HTI to be threatening the State of The Republic of Indonesia. This official release has been definitely intended as the open Government gesture    to inform the society,  the  political and the mass Organization to understand  and to convey their opinion and response.

The open debate has been democratically held and various public view on this matter has been publicly revealed. This public debate could be likely considered as the implementation of the guided democracy which was popularly implemented in  this  country.

One of the most important comment on this matter has been the suggestion  saying  the Government could publish The Government Regulation in lieu of Law to replace the legal process through the Court of Justice, that definitely will take a long process if any political or mass organization to be dissolved.

Meanwhile on the Government side it has been also likely  realizing the situation of the country  is definitely  to be considered necessarily  taken cared of comprehensively  and seriously  and the problem of HTI  should be seen as   just a  part of the strategic problems faced by the country. 

A number of situation analysis

In the beginning of 2017, in front of the inauguration of the new Hanura National Leaders Council under OSO, President Jokowi reminded all of those Hanura members that it is apparently  our democracy to have been excessively  implemented by various group of masses. This trend of the excessive implementation of the democratic principle should be stopped because it is weakening our National Unity and our  national integrity.

The extreme implementation of human right to have apparently resulted the excessive feeling as if for the  sake of human  right  everybody  can  do no  wrong. This view is definitely to be potentially endangering the unity and the integrity of the nation.

Apparently our large, rich and beautiful country should be protected and managed orderly for the sake of  the life of the people of Indonesia living  in the country since Aceh on the West until  Papua on the East and the island of Miangas on the North until  the place called Marore on the South. Definitely our Country  firmly needs  Strong Unity, Integrity, Cooperation and  Mutual Respect.  

The  excessive democracy is characterized  by  the extreme willingness of the members of any political  or any  mass organization  to mobilize  its  physical  and  political power in a  radical  movement  to gain their political goal.

President Jokowi did not elaborate his comment but definitely he urged  all the members of the political  and  mass  organization of this country  to implement our democratic  system  proportionally.

President Jokowi was likely very sad to observe how weak is our country in the period of the Regional Election of Jakarta in 2016. The ideological, the political and the physical power confrontation   which are considered as the democratic  right  to have been demonstrated exploiting SARA as if Indonesia was in great  Civil War.

Definitely  President Jokowi  recently reminds firmly  all the Indonesian society, that Indonesia is now facing a great  subversion  of various threat to  destabilize this country, through all aspect of life included terrorism activities exploiting even the science and technology, such as cyber technology and telegram; Our Country is run based on Pancasila Philosophy and the Constitution of 1945 strongly respecting National  Unity and  Solidarity  based on the Spirit of Bhineka Tunggal Ika; Extremism and radicalism as the result of the excessive implementation of democracy should  be stopped  peacefully but firmly; Excessive democracy could apparently destroy our unity,  solidarity  and even could  lead to the  physical  confrontation and the civil war.

This kind of anticipation is not illusion and  the dramatization of the situation but it  is a real fact that could happened to this country  if we are not aware of it.

The dramatic situation of political and security situation during the Regional Election of Jakarta in 2016 and its impact is definitely still existing now. It should  not be  definitely  repeated again.

President Jokowi is strongly  of the opinion that the Country  should  do   something before  it is too late and  those available effort to prevent the worse situation should be conducted. The idea is definitely to create the firm absorption of Pancasila  and to built the loyalty, the discipline   on Pancasila among the society especially the members of all political and mass organization. The establishment  of the Presidential Working Unit to build the Pancasila  in  the society  is definitely a part of this political goal.

President Jokowi realizes we should continue to built  this  country and we are still on the long way we should walk to reach our ending goal as formulated since  the  Proclamation of the Indonesian Independence, namely to live independently, peacefully and prosperously.

Presiden Jokowi is seriously aware the Regional Election in a number of Provinces will be soon done in 2018 and the Instant  General and Presidential Election will be held in 2019.President Jokowi  likely wants to be sure that the character of the excessive democracy to have gone and all of those national agenda would be done peacefully.

Supporting  President Jokowi view on the situation of our country is Chief of  BIN General  Budi Gunawan in  his briefing in  front of the Ulama  Gathering organized by PDI  recently,  which  he confirmedly to say the Situation of our Country needs  serious  attention, because there are a number of source of threat we should be aware otherwise  it could disturb our national  Unity, our national stability, our national security and our national economic development.

So we have to  be aware  to continuously build up our national resilience. It definitely needs the spirit of the national unity and integration based on Four Pillars of the Country of the Republic of Indonesia : Pancasila Philosophy, the Constitution of 1945,  the National Unity based on Nusantara  Overview (Wawasan Nusantara) and the Unity Spirit of Bhineka Tunggal Ika.

General Budi Gunawan clearly described there are at least five sources of threat threatening those  Four Pillars of the Republic of Indonesia which are potentially  destroying  our Political, Economic, Social, Peace and Order of the Country. 

General Budi Gunawan reminded  all the participants of  the  Ulama gathering  that our firm unity is the prime  important element of our  nation.

The Government Regulation ("Perppu")  No 2  of  2017 apparently is not intended  just for forbidding the presence  of the  Caliphate teaching, to be developed in Indonesia and to dissolve HTI as the political and ideological holder of the Caliphate teaching, but  the  Government Regulation No  2 of 2017 is intended to control  the existence of all the Mass Organization which were founded in Indonesia and their activities. All of the Political and Mass Organization of Indonesia should be founded based on Pancasila Philosophy and The Consituation of 1945.

Further, all of those Political and Mass organization should be faithful and loyal to implementation of Pancasila and the Constitution of 1945 All of the activities of the Political and Mass Organization should be intended to support the realization of the National Ending Goal as described by the Introduction of the Constitution of 1945, the prosperous  life based  on  Belief in One Supreme God, Humanity, Unitary State of The Republic of Indonesia, The Wisdom of the National Consultation and Social of Justice.

The Government Regulation in Lieu of Law (Perppu) of  RI  No. 2 of 2017 was officially signed by President Jokowi on July10, 2017  and released on Wednesday (July 12, 2017). Minister of Law and Human Rights Yasonna H Laoly said the Perppu RI No 2 of 2017 is not intended only for one organization, but it replaces Law RI  No 17 of 2013 on Mass Organization. Legally The Government Regulation in Lieu of Law (Perppu) of RI  No 2 of 2017 is intended to amend  Law RI No 17 of 2013. Law RI No 17 of 2013 is considered vacant in term of the regulation to dissolve any political and mass organization which is against Pancasila ideology.

As it has been  aware   and anticipated the reaction to the publication  of The Government Regulation No 2 of 2017 to have been definitely responded  critically and  sharply  by the various political leaders, politicians, scholars and  political activists, that the Government Regulation No 2 of 2017 is :

The  publication  of the Government Regulation No 2 of 2017   in Leau of Law  is  not wise decision , President Jokowi has made serious mistake  bringing the country democratically especially the human right sets back.

The Government Regulation No 2 of 2017 is definitely wrong  because  it is not based on clear Emergency Situation  or the country  faces Legally Vacant;

The Government Regulation  No 2 of 2017 has been made without comprehensive coordination and processed  politically and legally;
This Government Regulation No 2 of 2017 is the  beginning or the  embryo   of the authoritarian  government  system  or to build the authoritarian regime in Indonesia.

Politically the Government is telling a lie , it is apparently the Government does  not solve HTI problem  legally based on the decision of Court of Justice but using  political power.

The Government Regulation No 2 of 2017 will be definitely rejected  by both The House of Representative and The Constitutional Court  because it is against the Constitution of 1945.

A few number of Moslem Mass Organization were rejecting the Government Regulation No 2 of 2017 they believe the Government Regulation No 2 of 2017 is intended to dissolve the  Moslem Organization.

This allegations are not definitely true the analysis of President Jokowi supported by Chief  of BIN General Budi Gunawan that all of those Government policy were clearly based on the real fact faces by the Country.

President Jokowi is of the belief our Country  to have been in long  Emergency Situation that should be ended soon. In this  frame work of thinking  those sensitive national period (the Regional Election of 2018, the Instant General and Presidential Election of 2019) should be saved and the excessive democracy implementation  may not  happen.

Likely this is the  ending goal of the publication of Government Regulation No 2 of 2017,  the eradication of the Caliphate and the dissolution of HTI is only a part of those problem.

The Government Regulation in Lieu of law No 2 of 2017 should be understood as the strategic infrastructure to prevent the Country from being drawn into the  disastrous  situation. 

This  Government Regulation in Lieu of law No 2 of 2017 is not published for the sake of the interest  or to discredit any group  and it is opened for any legal complaint of any one who feel dissatisfy to this Government Regulation. The Government believed The House of Representative and the Constitutional Court will wisely approved  and protecting the Government  consideration.

Senior journalist in Pekanbaru, Riau.

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