Government Puts Mass Organizations in Order
Coordinating Political, Legal and Security Affairs Minister Wiranto (pointing his finger), accompanied by Communications and Information Minister Rudiantara (right), briefs the media in Jakarta on Wednesday about the issuance of a regulation in lieu of law allowing the government to ban mass organizations.
JAKARTA, KOMPAS — The government has issued a government regulation in lieu of law (Perppu) No. 2/2017, which amends the Law on Mass Organizations. The Perppu aims to prevent the dissemination of anti-Pancasila ideology by several mass organizations.
The Perppu has won the support of several groups, including Nahdlatul Ulama (NU), but its issuance was also seen to ignore the principles of democracy.
The Perppu No. 2/2017 was signed by President Joko Widodo on Monday (10/7). Coordinating Political, Legal & Security Affairs Minister Wiranto said in Jakarta on Wednesday (12/7) that the Perppu was issued because the government viewed that Law No. 17/2013 on Mass Organizations was insufficient as a legal tool to prevent the existence of mass organizations that were against the Pancasila and the Constitution.
The government saw the mass organization law to have two main weaknesses in preventing the dissemination of anti-Pancasila ideology by mass organization. First, the law does not mention the contrarius actus principle of administration law, which authorizes a particular institution to issue permits and also to revoke the permit. Second, the mass organization law also fails to define clearly the teachings and actions that are considered to be against Pancasila.
“The Perppu is not aimed to limit the freedom of mass organizations, nor is it an arbitrary act. But it is simply aimed to maintain the unity and existence of the nation,” Wiranto said.
Wiranto added that the Perppu aimed to anticipate the abuse of freedom given to mass organizations. The government hoped the House of Representatives would accept the Perppu as a move to maintain the unity of the nation.
“In Indonesia, there are 344,039 active mass organizations. If around 100 of them violate the Pancasila and the Constitution, it would be dangerous. So, [such action] needs an assertive and real response,” Wiranto said.
Separately, House deputy speaker Fadli Zon viewed the Perppu No. 2/2017 as a new kind of dictatorship. The House should reject the Perppu.
Backward
According to Fadli, Perppu No. 2/2017 would trigger anxiety in society. The freedom of association, which is guaranteed by the Constitution, is under threat. He was concerned the Perppu had the potential to become a tool of the government to disband any mass organization that was critical of the government without due process of law. “The Perppu isvery far from the spirit of democracy. This dictatorial Perppu must be rejected,” he said.
Fadli said this could be seen in the elimination of Article 68 of the mass organization law, which regulates the procedure for disbanding mass organizations through the judicial system. The Perppu also regulates Article 54, which requires the government to seek legal considerations from the Supreme Court before issuing sanctionsagainst a mass organization.
“Moreover, the spirit of persuasion in cautioning mass organizations is also omitted. The Perppu no longer possesses the spirit of guidance for mass organizations. This is completely backward in our democracy,” Fadli said.
However, Vice President Jusuf Kalla called on the public not to be too worried by Perppu No. 2/2017. He said the regulation was a tool to discipline mass organizations to movein line with its permit for establishment. The regulation could be likened to a tool for disciplining a student who was studying at a university. “There are students who do not follow the regulations; they can be dismissed. There are organizations that donot follow the rules; there will be consequences. There are companies that do not follow the operational permit; they can be dissolved. These are the same,it is normal,” Kalla said.
Kalla said the Perppu was urgently needed because it was in accordance with the socio-political conditions currently developing in national society. This dynamic, according to Kalla, was notyet accommodated by the old regulation. “If we [make a new regulation] through the usual law, discussions will be lengthy, and we need this [now],” he said.
United Development Party secretary general Arsul Sani said the parties of the coalition government were ready to support and to approve the Perppu. He said the Perppu was needed so that the government could be more assertivein managing mass organizations that threatened the unity and sovereignty of the unitary republic of Indonesia.
Authority to revoke
The mechanism for dissolution through the courts, as was stipulated in the mass organization law, he said, used reverse logic. The government that had the right to legalize a mass organization also had the right to declare it illegal.
“When later, the legalities for establishment cannot be met because of certain circumstances, why should the government seek the court’s permission to revoke the establishment? The government should revoke it first, and then the affected party can go to court,” Arsul said.
Parahyangan Catholic University state administrative law professor Asep Warlan Yusuf said the issuance of the Perppu must provide legal and empirical evidence. Legal evidence was needed to show that the existing law was insufficient to prevent legal violations, and then empirical evidence was needed if conditions were critical and required enforcement.
However, Asep said, the issuance of the Perppu No. 2/2017 did not provide either kind of evidence. The mass organization law was still sufficient to crack down on the activities of mass organizations that violated the laws of Indonesia.
“The rules in the Perppu instead do away with the democratic essence and legal principles in the mass organization law,” Asep said.
Meanwhile, the Perppu’s issuancehas garnered the support of the Nahdlatul Ulama (NU) executive board. NU chairman Robikin Emhas said the government’s move was correct, constitutional and aspirational. The government’s move was in accordance to the thoughts of 14 mass organizations grouped in the Association of Islamic Mass Organizations, of which NU is a member.
“NU fully supports the issuance of Perppu No. 2/2017 on mass organizations because it will speed up the handling of radical mass organizations without violating their constitutional rights. As we all have known, the recent dissemination of radical views in Indonesia is massive and structured. If this is allowed, it will put the unity of the unitary republic of Indonesia in danger,” said Robikin Emhas.
(SAN/AGE/NDY/INA/IVV/REK/HAR)
