Political, Legal and Security Affairs Minister Wiranto (left) gives information to the media at his office in Jakarta on Wednesday (12/7). Wiranto discussed the issuance of the Law No. 2 of 2017 in lieu of Law No. 17 of 2013 on mass organizations. The new law is being issued to maintain unity.
The step of President Joko Widodo to issue a Government Regulation in lieu of the Law No. 2 of 2017 (Perppu), which revises the Law on Mass Organizations, has raised issues of pros and cons in the community.
The substance of Government Regulation in lieu of the Law No. 2/2017 makes it easier for the government to impose administrative sanctions on organizations that are considered to contradict Pancasila and the 1945 Constitution. The administrative sanctions are in the form of revocations of registered certificates and revocations of legal entity status preceded by a written warning.
Freedom of association and assembly and the expression of the mind is guaranteed by the Constitution. However, as Article 28 of the 1945 Constitution states, the freedom of association and assembly is stipulated by law. The law regulates freedom of association in accordance with the agreement of the government and the House of Representatives.
In a democratic party, differences of opinion are ordinary. The number of active mass organizations in Indonesia reaches 344,039 to date. Among the organizations, according to Political, Legal and Security Affairs Minister Wiranto, there are mass organizations whose activities are against Pancasila and the 1945 Constitution.
The Executive Board of the Nahdlatul Ulama (PBNU) supports the issuance of the Perppu. NU executive council chairman Robikin Emhas sees the government\'s steps as appropriate and constitutional. A different view was conveyed by House Speaker Fadli Zon, who said the Perppu had to be rejected. Meanwhile, the Secretary General of the United Development Party, Arsul Sani, supports the issuance of Perppu No. 2/2017.
The different views will be brought through the constitutional mechanism. After Perppu No. 2/2017 is enacted, the government can take steps against mass organizations suspected to be against Pancasila or against the Law on Mass Organizations. A swift move by the government will provide a positive signal that the Perppu, or “compelling crunch”, being issued is effective.
Together with that, the government has to immediately send the Perppu No.2/2017 to the House, which will accept or reject it. If the House receives it, the Perppu No. 2/2017 will become law. If the House rejects it, the Perppu will be void. Let the House of Representatives examine whether the "compelling crunch" aspect is sufficient or not. The interpretation of "compelling crunch" is a subjective interpretation from the government that will be tested by the House. The Perppu can also be tested at the Constitutional Court. That is the mechanism provided by the Constitution.
The President has already published a Perppu because the issuance of a Perppu is the President\'s constitutional authority. The last one was when President Joko Widodo issued Perppu No. 1/2017 on Tax Information, which has not yet been discussed at the House of Representatives.
