JAKARTA, KOMPAS – The enactment of Government Regulation in Lieu of Law (Perppu) No. 2/2017 on the revision of Law No. 17/2013 on mass organizations should not only be applied using an ideological dimension. The valuation standard of the implementation of Pancasila state ideology and values must also apply to the government.
According to Muhammadiyah chairman Busyro Muqoddas, who was contacted in Jakarta on Thursday (14/7), the matter of the issuance of the Perppu on mass organizations seems to have only one dimension, which is forcing Pancasila on the people and mass organizations. “There is only one dimension, forcing an ideology on those whose ideology is deemed a threat to Pancasila. However, there is something more concrete. There is the matter of how Pancasila is violated, distorted and not applied. For example in the form of government policies that do not fulfill people’s economic and social rights. There is still social imbalance and injustice. If this is the case, it is as though the government has not implemented Pancasila,” he said.
Muhammadiyah, Busyro said, has not officially discussed the Perppu. “The government needs to be reminded about not making Pancasila an ideological excuse to marginalize critical elements and democratic movements that are concerned about fighting for social justice, including economic justice that sides with the people. Looking at the content of the Perppu, there is clearly a threat to democratic movements and freedom of speech in an independent political climate,” Busyro said.
Dangerous
According to Gadjah Mada University constitutional law expert Zainal Arifin Mochtar, the substance of the Perppu is problematic because it potentially violates human rights, particularly the freedom of association and the freedom to gather. Mass organizations cannot be disbanded unilaterally because the mechanism for disbandment is regulated by law, he said. “If it can be revoked just like that, it is dangerous. It should still be done through the courts,” he said.
For the government, the emergence of criticism of the Perppu is considered to be positive. The criticism is welcomed as recommendations to strengthen the content of the Perppu, which has been sent to the House of Representatives. “If there is criticism, this is part of strengthening the steps that have been taken. We believe that if all parties read the Perppu, [they will see that] what we want to save is national ideology, the Unitary State of the Republic of Indonesia and the country in the long run,” said Cabinet secretary Pramono Anung.
The Perppu also aims to stress that the government wants to maintain harmony within the nation. In many international forums, Indonesia is seen as an example of a democratic Muslim-majority country. “If we still do not trust each other on this, let’s resolve it together,” Pramono said.
Responding to the plan of some groups to contest the Perppu at the Constitutional Court, Pramono explained that everyone had a constitutional right. However, the government is certain that issuing the Perppu was the right move and involved relevant stakeholders.
Four mass organizations
Following up on the issuance of the Perppu, the Law and Human Rights Ministry is in the process of identifying and studying mass organizations that fall in the category of organizations specified in the Perppu. The ministry has not as yet revoked the legal status of any mass organization using the Perppu.
“As of this moment, no action has been taken by the General Law Administration Directorate General of the Law and Human Rights Ministry, such as warning any mass organizations or revoking their legal status. We are studying the matter,” said Law and Human Rights Ministry spokesperson Effendy Peranginangin.
Home Minister Tjahjo Kumolo said the government was focusing on four organizations considered to be in violation of the principles of the Unitary State of the Republic of Indonesia (NKRI), Pancasila and the 1945 Constitution. “We are focusing on the HTI (Hizbut Tahrir Indonesia) and three other small mass organizations,” said Tjahjo. However, he did not name the three organizations. The three mass organizations are reportedly linked to radical groups.
In West Java, Governor Ahmad Heryawan said the regional administration was coordinating with the central government in the disbandment of mass organizations considered to be against the values of Pancasila. “We will coordinate regarding legal action, such as what needs to be done by provinces, regencies and cities,” he said.