By: Pardiyanto
The Government Regulation in Lieu of Law (Perpu) stipulated by the President must be submitted to the Parliament during the next trial in the form of a Draft Law (RUU). The House of Representatives will approve or not approve the Perppu to be passed into law through the Plenary Session, so that political interests become dominant over the fate of the Perppu.
Alumni Presidium 212 consolidates politics to mobilize mass support rejecting Perppu No. 2 Year 2017 which is packed with the action "Constitutional Jihad: stop the criminalization of clerics & activists unplug Perppu mass organizations" (28/7/2017). Perpu No. 2 Year 2017 herded as an anti-Muslim rule and will kill Muslim mass organizations.
The success of the 212 action in the elections of DKI Jakarta 2017 by bringing the issue of Muslim and Non-Muslim, tried to be developed again in fighting the rejection of Perpu No. 2 Year 2017.
Politicization in various media, has made people become confused between the interests of power, the interests of the state or the interests of religion because religion and state is packed in such a way for the interests of political power.
Constitutionalism rests on the dissolution of CSOs, not arrogance
In the Consideration of Perpu No. 2 Year 2017. Clearly set out the background underlying the Perpu namely "the State is obliged to protect the sovereignty of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia".
The State is a group of people occupying a certain territory and organized by a legitimate state government, which has sovereignty. The government as a sovereign organization to organize the state must base a responsible law, so it is natural to maintain and protect the life of the nation and state in order to maintain the sovereignty of the Unitary Republic of Indonesia.
In a democratic country, it is justified for the public to convey the aspiration that the state does not become an aristocracy into an authoritarian Government. The government must be present in the midst of society with a responsible legal policy, so as to create acceleration between freedoms with the interests of the state so that freedom is not too far. The process of constitutionalism of the Government is a fair act on behalf of the State, so freedom is controlled not by arrogance.
The presence of Perpu No. 2 Year 2017 is not appropriate as a form of government arrogance that will suppress freedom of association and assemble because of Perpu. 2 Year 2017 still based legal procedures in freezing organizations that threaten the sovereignty of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia.
Article 60 paragraph (1) of Perpu no. 2 of 2017 states that "Community organizations violating Article 21, Article 51 and Article 59 paragraph (1) and paragraph (2) are administered administrative sanctuaries, while verse 60 paragraph (2) mentions" CSOs violating Article 52 and Article 59 paragraph (3) ) And paragraph (4) shall be subject to administrative sanctions and / or criminal sanctions.
"Furthermore, administrative sanctions according to the rules are written warnings, suspension of activities and / or revocation of registered certificate or revocation of legal entity status (Article 60 paragraph (1).
Under these provisions, a number of important points that can be used as legal references for the dissolution of CSOs or the revocation of registered certificates or status of legal entities of CBOs are as follows:
First, Substantially, actions or activities of CSOs that can be given administrative sanctions (including dissolution) in accordance with Law no. 17 of 2013 and Peppu No. 2 Year 2017 there is no significant difference. Some CSO activities that may be subject to administrative sanctions up to the revocation of the status of legal entities or certificates of the Community Organizations are hostile towards ethnicity, religion, race or class; To defamation or blasphemy of religion adopted in Indonesia; Violence, disruption of public order and public order or damage to public facilities; Take over the role and duties of law enforcement (or "vigilante"); Engaging in separatist activities that threaten the sovereignty of the Unitary State of the Republic of Indonesia; And develop and disseminate teachings or understandings that are contrary to Pancasila; (Article 59 of Perpu No. 2 Year 2017).
Secondly, revocation of registered certificate or revocation of legal status of CSO can be done directly and immediately by the Ministry of Law and Human Rights on CSOs whose principles and activities clearly threaten the sovereignty of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution (Elucidation of Article 61 Paragraph (3) Perpu No. 2 Year 2017). In the case, it is expressly stated for CSOs that are judged to be in real way threatening the sovereignty of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution, should not start with a written warning letter and termination of CSO activities from the Ministry of Justice and Human Rights but immediately revoked the legal entity status The CSO concerned.
In the case of revocation of Registered Certificate or Revocation of Status of Legal Entity of the Organization, pursuant to Law N0. 17 of 2013 shall be conducted through a judicial procedure of the Supreme Court, while in Perpu no. 2 Year 2017 based the contrarian principle of actus for the Ministry of Justice and Human Rights.
However, it should be noted that the revocation of Registered Certificate or the revocation of the status of the Legal Entity of the CSO is only done to the CSOs in violation of the prohibition of CSOs as stipulated in Article 59 of Law no. 17 year 2017 or Perpu no. 2 Year 2017 includes applicable to foreign CSOs. In a sense, the dissolution of CSOs is not solely based on the arrogance of the Government against certain CSOs but is fair for any CSOs that violate the prohibition of CSOs.
Sovereign State Sovereignty
Dutch Prime Minister Mark Rutte during a visit to the House of Representatives stated that Indonesia is the largest democratic country in the world with the largest Muslim population (23/11/2016).
This gives an appreciation of where Muslims can develop a better democracy characterized by elections, freedom of association and assembly and people's participation in expressing opinions.
Freedom of association and assembly and freedom of expression is now a trend amid the dynamics of the pros and cons against Perpu no. 2 Year 2017.
Various alibis in favor of freedom of the people become populist rather than conservative attitudes that defend the sovereignty of the State.
Various theoretical and juridical arguments of procedural and substantive requirements of Perpu no. 2 Year 2017 as closed with the perception of the arrogance of the government (authoritarian) because someone wants to be stamped in favor of the people.
Substantially, Perpu No. 2 Year 2017 still provides freedom of association and assembly as long as it does not threaten the sovereignty of NKRI, so the center point Perppu No. 2 Year 2017 is the need to take action quickly and directly against organizations that threaten the Sovereignty of NKRI.
NKRI was formed with various blood spills and lives that were oppressed more than 350 years in colonial time, so that NKRI Sovereignty proclaimed on August 17, 1945 must be protected and maintained. Communities are free to establish CSOs as long as they do not disturb the integrity and sovereignty of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia.
Rejection of Perpu No. 2 Year 2017 more show a priori attitude towards the Government will use kareat article, so that arrogance happens. Yet when examined further, Perpu No. 2 Year 2017 still put forward the existence of legal evidence responsible in the dissolution of CSOs. Government interpretation of CSO activities that clearly threaten the sovereignty of NKRI must be proven with responsible legal evidence, so that CSOs can conduct judicial review when the dissolution of mass organizations is not accompanied by legal evidence and only based on interpretation or commonsense.
No Dichotomy Against Muslim and Non-Muslim Organizations Movement of "Constitutional Jihad: stop criminalization of clerics & activists unplug Perppu mass organizations" as perceive Perpu no. 2 Year 2017 will criminalize the ulama or will "finish off" the Muslim mass organizations. In fact, the essence of Perpu No. 2 Year 2017 will only take quick and direct action against organizations that threaten the sovereignty of NKRI.
Support to Perpu No. 2 Year 2017 also came from various Islamic Organizations, and instead supported support to reject Perppu No. 2 Year 2017 also conducted by several different Islamic organizations. In this context, it is naive if Pepu no. 2 Year 2017 considered as criminalization of ulama, even very naive if the Perpu No. 2 Year 2017 votes will mendikotomikan Islamic Organizations. For some Omas Islam that support Perpu no. 2 Year 2017 considers that the Republic of Indonesia proclaimed on August 17, 1945 based on Pancasila and UUD RI Year 2017 which was ratified on August 18, 1945 has become ij'ma the scholars, so that the sovereignty of NKRI must be maintained. Pancasila values are abstracted from the life of nation and state of the people of Indonesia no one deviates from the teachings of Islam, as well as other religious teachings, so that Pancasila remains the basis of the State of the Republic of Indonesia to be maintained.
Where is the Integrity Direction of DPR RI In Article 52 of Law no. 12 Year 2011 on the Establishment of Laws and Regulations, the Government must submit the Perppu to the DPR RI during the next trial for approval or disapproval by the DPR RI. Political orientation is very decisive attitude Factions of the House of Representatives in deciding to approve or not approve the Perpu.
So far, the attitude of the 10 Fractions of the House of Representatives was split in response to the Perpu. 2 Year 2017, namely: PDIP faction (109 Seats), support Perpu (13/7/2017); Golkar faction (91 seats), can accept the Government to dissolve Anti-Pancasila mass organizations without going through court (12/7/2017); PKB faction (47 seats), will receive the Perppu for the sake of the state (12/7/2017); The PPP faction (39 seats), will support Perppu No. 2 Year 2017 because the CSOs against the Unitary Republic of Indonesia should be dissolved (12/7/2017); The Hanura faction (16 seats), supports the Government's move to issue Perppu no. 2 Year 2017 (13/7/2017); The Nasdem faction (36 seats), any anti-Pancasila mass organizations must be dissolved (12/7/2017); PAN fraction (48 seats), does not support the issuance of Perpu No. 2 Year 2017 because it has not been a solution to deal with anti-Pancasila mass organizations (13/7/2017); PKS faction (40 seats), there are several rubber articles in Perpu No. 2 Year 2017, so agree if there is a filing a judicial review on the Perpu (13/7/2017); Gerindra faction (73 seats), there is no urgency for the Government to issue Perpu (13/7/2017); And the Democratic Faction (61 seats), has not set a stance against Perpu No. 2 Year 2017 (13/7/2017).
From the various attitudes of the House of Representatives faction it is clear that no one refuses if the sovereignty of the Unitary State of the Republic of Indonesia needs to be protected and maintained.
Apriori Faction attitude, such as PKS attitude which doubts about the happening of rubber article, can be overcome by reinforcing substance about the need of real evidence about violation to KN-NKRI sovereignty, deviation against Pancasila and 1945 Constitution in dissolution of Organization.
Thus, when the Honorable Council is committed to protecting and maintaining the Republic of Indonesia's Sovereignty based on Pancasila and the 1945 Constitution, there is no reason to disagree with Perpu No. 2 Year 2017.
Pardiyanto Social and behavior observer
