Indonesian government ‘Restricts’ Civil Society Organizations Movement

Photo by CMPLH

JAKARTA (TheInsiderStories) – Indonesian Government has issued a government regulation in lieu of law (Perppu) No. 2/2017 on Civil Society Organizations (CSOs). This regulation will replace and replacing some articles of the Law No. 17 of 2013.

Coordinating Minister for Political, Legal and Security Affairs, Wiranto explained, that the Perppu issued on July 10 was in the framework of the government’s duty to protect the entire nation and the blood of Indonesia.

In his statement, the Coordinating Minister for Political, Legal and Security Affairs said that social organizations in Indonesia which currently reach 344,039 mass organizations, which have activities in all areas of life, both at the national level and at the regional level, should be empowered and nurtured.

Wiranto said, with the increasingly rapid globalization, the mindset of the community was growing. It is not only a positive impact, but it also raises a number of negative effects including disagreements with Pancasila and the 1945 Constitution.

“In fact there are now community organization activities that are clearly bertendangan with Pancasila and the 1945 Constitution of course it is a real threat to the existence of the nation and has led to conflict in the community,” Wiranto said in a press conference on Wednesday (12/7).

In regulation has number 2 in 2017, there were at least five chapters that sound changed, and there are two chapters inserts. In addition there are 19 chapters deleted. This regulation through, the government could also provide lagsung action to penalize members of organizations that have been banned. The penalty varies from one year prison sentence of up to life imprisonment.

From the copy of Perppu No. 2 of 2017, there are five clauses in the previous mass organizations law changed and there are 18 articles removed. Five articles in the Law No. 17 of 2013 amended by the Perppu namely Articles 1, 59, 60, 61 and 62.

Article 1, among others, changes the notion of organizations become more assertive than ever. According to this Perppu, mass organizations have a sense:

Social Organizations hereinafter referred to as CSOs are organizations established and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the State Republic of Indonesia Year 1945.

The most significant change is in Article 59, where a number of provisions on things that are prohibited by the organization more specific. Article 59 amendment reads:

(1) CSOs are prohibited:
A. Using the same name, symbol, flag or attribute with the name, symbol, flag, or attribute of a governmental institution;
B. Use without permission the name, symbol, flag of another country or international institution / body becomes the name, symbol, or flag of the CSO; And/or
C. Using names, symbols, flags or marks of images which have their essence in common or in their entirety by name,
Symbols, flags or signs of other CSOs or political parties.

(2) CSOs are prohibited:
A. Receive from or give to any party donations of any kind that are contrary to the provisions of legislation; And / or
B. Raising funds for political parties.

(3) CSOs are prohibited:
A. Engage in hostile acts against a tribe, religion, race, or class;
B. Commit abuse, defamation, or blasphemy of religion held in Indonesia;
C. Commit acts of violence, disrupt public order and tranquility, or damage public facilities and social facilities; And / or
D. Carry out activities which are the duty and authority of law enforcement in accordance with the provisions of legislation.

(4) CSOs are prohibited:
A. Using names, symbols, flags, or organizational symbols that have the same or substantial equivalent with the names, symbols, flags or symbols of the organization of separatist movements or forbidden organizations;
B. Engaging in separatist activities that threaten the sovereignty of the Unitary State of the Republic of Indonesia; And / or
C. Embrace, develop, and disseminate teachings or understandings that contradict Pancasila.

Definition of the mass organizations are now becoming more assertive if previously in Law No. 17 of 2013 reads CSOs are organizations established and formed by the community on a voluntary basis based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila.

According to Wiranto, this regulation has required the government to counteract the development of civil society organizations who deviate. If you must make a new law, which takes quite a long time, for it This regulation was issued.

However, through this regulation has the government it would not have prevented to block activities of CSOs. They remain active as usual. Even the government will memdorong that community organizations can continue to contribute to Indonesia.

“This is not an act of arbitrariness of government, nor just for something that threatens freedom of expression organizations to put on events. Back before I repeat it solely to care for unity, unity, and existence of the nation,” said Wiranto.

Tjahjo Kumolo, Minister of Domestic Affairs stated, that the community must see the spirit of the publication This regulation. Through this policy means that community organizations must obey the laws.

“Regulation has no effect, it’s a matter of national and state, in which each community organizations may live in Indonesia, but must obey the laws of the country. In principle it wrote,” Tjahjo said.

He continues, that the government in principle should not be defeated by certain community organizations associated with the ideology of the state. Although there are community organizations associated with a particular religion, the organization must follow and obey the teachings of religion, but remain in the Indonesian legal umbrella.

Legal Line

Publishing related regulation has previously society organizations is resistance from a number of organizations. One very strong deny the existence This regulation is Hizb ut-Tahrir Indonesia (HTI).

After the official announcement, HTI iketuai Ismail Yusanto meeting with Yusril Ihza Mahendra. HTI decided to authorize the Ihza-Ihza Law Firm to apply for judicial review on a regulation which is believed to be contrary to the Constitution of 1945.

Yusril said the steps taken HTI will be followed by several other organizations, which equally considers this a regulation is a setback for democracy in the country. Therefore, This regulation opens up opportunities for the Government to do arbitrarily dissolve the CSOs that are subjectively considered contrary to Pancasila Government, without going through the judicial process.

“The absolute authority of the government to unilaterally dissolve the organization as stipulated in Government Regulation No. 2 of 2017 is contrary to the rule of law, because freedom of association is the right of citizens guaranteed by the 1945 Constitution Norma laws that regulate freedom should not be contrary to the norms of the Constitution higher social status, “said Yusril.

In addition to the above considerations, Yusril argued that not enough reason for the President to issue a regulation as provided by Article 22 paragraph (1) Constitution 45. Government Regulation can only be published in “matters of urgency that forces”.

Commentary on the crunch that forced it in the Constitutional Court Decision No. 138 / PUU-VII / 2009, which mentions the urgent need quickly resolve legal issues based on the law but the legislation does not exist, or exists but is inadequate. While time is very urgent that it will require a long period for legislation to parliamentary approval.

UU no. 17 of 2003 it was more than a complete set of administrative sanctions procedure until the dissolution of the organization. But the Government and Government Regulations No. 2 of 2017 this would cut it, by removing the authority of the court and to give absolute authority to the government to subjectively assess their reason enough to dissolve the organization.

This regulation also contains overlapping arrangement with norma2 in the Penal Code, related to the offense of blasphemy, which are tribal feuds, religion, race and class, as well as treason offense set out in the Criminal Code. This overlap can eliminate the legal certainty guaranteed by the 1945 Constitution. (DS)