Kamis 20 Jul 2017 13:13 WIB

Government Regulation of Mass Organization

Perppu Ormas (ilustrasi)
Foto: Mardiah
Perppu Ormas (ilustrasi)

By : Amril Jambak *)

REPUBLIKA.CO.ID, Hizbut Tahrir Indonesia (HTI) on night of July 12, 2017 held a Press Conference with the theme "Sues Perppu Refusing Anti-Islamic Repressive Regime". In the press conference, HTI rejected the issue of Government Regulation in Lieu of Lawknown as Perppu, assuming the Government is unfounded to issue Perppu No.02 year 2017 on Community Organizations (CSOs), because there are laws and regulations that have been established namely Law No.17 of 2013 and declare a human rights violation for HTI . 

The question is why the HTI is restless. The issuance of Government Regulation in Lieu of Law (PERPPU) No. 02 of 2017 regarding the amendment to Law Number 17 of 2013 on Community Organization (CSO), has a strong foundation for the Government to act decisively in disciplining CSOs that are against the Pancasila and the Constitution 1945. Firstly, the Government's actions are in accordance with the decision of the Constitutional Court Number 139 / PUU / VII of 2009 that the President may issue the Perppu on the basis of the existence of circumstances requiring or urgent to solve legal problems quickly under the Act. Secondly, due to the inadequate rule of law, the Perppu can be issued to provide a solution to avoid a legal vacuum. Thirdly, the Perppu can be issued if the legal void can not be overcome by creating new laws. These three considerations are the basis of the Government to issue Perppu Number 02 Year 2017.

In the Perppu, they only want to affirm in article 59. (1) CSOs are prohibited, (a) Using names, symbols, flags or attributes similar to the symbols, symbols, flags, or attributes of government institutions; (B) Unauthorized use of names, emblems, flags of other countries or international agencies or bodies into symbols, symbols or flags of CBOs; And / or (c) Using names, symbols, flags or image marks that have the same or substantial equivalent with the names, symbols, flags or signs of other CSOs or political parties. (2) CSOs are prohibited, (a) Receiving from or giving to any party donations of any kind that are contrary to the provisions of legislation; And / or (3) Collecting funds for political parties. (3) CSOs are prohibited, (a) Conduct hostile actions against a tribe, religion, race, or class; Abuse, defame, or blaspheme the religion adopted in Indonesia; (C) Commit acts of violence, disrupt public order or tranquility, or damage public facilities and social facilities; And / or (d) Conduct activities which are the duty and authority of law enforcement in accordance with the provisions of the laws and regulations. (4) CSOs are prohibited, (a) Using names, symbols, flags, or organizational symbols that have in common or in their entirety with the names, symbols, flags or symbols of organizations of separatist or banned organizations; (B) engaging in separatist activities that threaten the sovereignty of the Unitary State of the Republic of Indonesia; And / or (c) Adhere to, develop, and disseminate teachings or understandings that are contrary to Pancasila.

If indeed in the organization, HTI does not violate the regulation that is regulated why should be restless and restless. What is the ideology of HTI is exactly opposite to Pancasila, to assume the Government's attitude as an arbitrary and inconsistent with the ideals of reform, and even assume the Government is exposed to the syndrome of Islamophobia. 

Basically, the Government is more broadly eager to act firmly against the activities of 344,039 CSOs in Indonesia, if there are CSO activities that are in conflict with Pancasila and the 1945 Constitution. This new exploitation is not an act of abuse of the Government and is not intended to discredit Islamic Organizations or injure Muslims. Perppu is also not intended to restrict CSOs. The issuance of the Perppu is merely the eyes to maintain the unity of the nation and maintain the existence of the nation, thus asking the people to accept the Government's attitude with clear, wise and mature considerations. 

The Government's consideration to issue the Perppu on CSOs is fundamentally based on Pancasila ideological protection which is final and as a proof of the State's presence to safeguard tolerance and plurality in upholding the ideological basis of Pancasila. The state also needs to protect the entire nation and provide a sense of security to all citizens. The meaning of the use of the five precepts in Pancasila as the foundation of the State of Indonesia namely the Supreme Godhead, the just and civilized Humanity, the Unity of Indonesia, the People led by the wisdom of wisdom in deliberation / representation, and social justice for all Indonesian people is used as a guide in The life of the nation and the state, where every behavior of the people and the State of Indonesia must be in accordance with Pancasila. This is the basis for the Government as a state manager to curb the mass organizations that are still trying to change or replace the Pancasila as the foundation of the State of Indonesia.

The Founding father of this nation has also devoted all forms of energy and thought and ideology and the values of the faith to conceptualize a State foundation governing the administration of a state in the field of ideology, politics, economy, socio-culture, and defense and security and includes all elements of national life And the state of Indonesia, without prejudice to discrimination against the Tribe, Religion, Race, Custom and upholding the values of tolerance from Sabang to Merauke namely PANCASILA. The basic ideology for the State of Indonesia is Pancasila, a formulation and guideline of the life of the nation and the state that is final for all the people of Indonesia.

The target of publishing the Perppu on the more concrete is the solving of the problem of dissemination of ideology which wants to replace Pancasila with other ideology, either by carrying the concept of DaurahIslamiyah State through the enforcement of the Khilafah as well as the concept of reviving the communist ideology which is very contradictory and betraying Pancasila and the 1945 Constitution. Firmly Government in facing Anti-Pancasila mass organizations and intolerant mass organizations is a form of state assertiveness against any indication that can threaten the constitutional integrity of NKRI. Instead of being directed by the Government as anti-religious, Neoliberalism's accomplices or even accused of Communist. In addition, the fundamental foundation to protect the nation's tolerance and pluralism is to re-grind the Pancasila as the foundation and philosophy of national and state life. Therefore, any CSOs that are organizations established and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, Activities and objectives must be based on Pancasila and the 1945 Constitution and participate actively in national development. So, why should HTI restless?

*) Social and Political Observer and Senior journalist in Pekanbaru-Riau

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